Allowed¶26

S. Harikumar v. The Management of

Mandamus – Terminal benefits – Delayed payment

Madras HC2 Apr 2025WP(MD)/8895/2025

Download

Case brief

AI extract

What is this about?

Interest on delayed terminal benefits; retirement benefits; EPF Employee's Contribution; Gratuity; Encashment of Leaves; writ of mandamus; Article 226; Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region; Driver retired 31.05.2023; delay 01.06.2023 to 09.03.2025; 6% per annum interest from date of retirement till actual disbursement; prayer for 18% not granted; follows C.Murugan v. TNSTC (Tirunelveli) Ltd., W.P(MD)No.4866 of 2023, order dated 07.03.2023; no costs.

What did the court decide?

Writ petition allowed; respondent directed to pay interest at 6% per annum on the belated payment of retirement benefits from the date of retirement till the date of actual disbursement, within three months from receipt of a copy of the order. No costs. ¶26

S. Harikumar Vs The Management of — Writ and Judicial Review | Madras HC (2025)

¶1

W.P.(MD)No.8895 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 02.04.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE BATTU DEVANAND

¶6

W.P.(MD)No.8895 of 2025

S.Harikumar

... Petitioner

Vs.

The Management of Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Rep. by its General Manager, Nagercoil.

¶11

... Respondent

¶12

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2023 to 09.03.2025, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves within a time frame as may be fixed by this court and without affecting his right to claim balance amounts towards those benefits.

¶13

For Petitioner : Mr.S.Arunachalam

¶14

For Respondent : Mr.D.Jebaraj Standing Counsel

¶15

1/4

¶16

https://www.mhc.tn.gov.in/judis

¶17

W.P.(MD)No.8895 of 2025

¶18

O R D E R

¶19

This Writ Petition has been filed seeking a writ of mandamus directing the respondent to pay the petitioner interest for the period of delay from 01.06.2023 to 09.03.2025 in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves within a time frame fixed by this court.

¶20

2. The petitioner was appointed as Driver in the respondent Corporation on 01.08.1989 and he retired from service on 31.05.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

¶21

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

¶22

4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

¶23

2/4

¶24

https://www.mhc.tn.gov.in/judis

¶25

W.P.(MD)No.8895 of 2025

¶26

5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

¶27

The respondent shall pay interest to the petitioner at the rate

¶28

of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

¶29

6. No costs.

¶30

02.04.2025

¶31

NCC:yes/no Index:yes/no Internet:yes/no Sn

¶32

To:

¶33

The General Manager, The Management of Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Nagercoil Region, Nagercoil.

¶34

3/4