Madras High Court
The Tamil Nadu State Transport ... vs K.Krishnasamy on 24 April, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A.(MD)No.1100 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A.(MD)No.1100 of 2025
&
C.M.P.(MD)No.6897 of 2025
1.The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Rep. by its Managing Director,
Kumbakonam.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Trichy Region, Trichy-620 001. ... Appellants
-Vs-
1.K.Krishnasamy
2.The Chief Financial Officer,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam. ... Respondents
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
set aside the order dated 14.08.2023 made in W.P.(MD)No.15710 of 2023 on the
file of this Court.
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W.A.(MD)No.1100 of 2025
For Appellants : Mr.S.C.Herold Singh
For R1 : Mr.D.Sivaraman
JUDGMENT
[Judgment of the Court was delivered by J.NISHA BANU, J.]
This Writ Appeal is directed against the order dated 14.08.2023 made in
W.P.(MD)No.15710 of 2023.
2.The 1st respondent / writ petitioner has filed the said Writ Petition,
seeking for a direction to the appellants / respondents 1 and 2 to pay the
retirement benefit scheme amount and voluntary retirement benefit amount and
also along with interest at the rate of 18% per annum for belated payment of
retirement benefits including Provident Fund, Leave Encashment and 1998 ML
Encashment Voluntary Retirement benefit amount and retirement benefit scheme
amount within the time limit stipulated by this Court.
3.The Writ Court, after hearing both sides, disposed of the said Writ
Petition, directing the appellants to pay the voluntary retirement compensation
amount along with interest at the rate of 6% per annum for the belated payment of
retirement benefits including Provident Fund, Leave Encashment and 1998 ML
Encashment Voluntary Retirement benefit amount and retirement benefit scheme
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amount by considering the writ petitioner's representation dated 02.06.2023
within a period of twelve weeks.
4.Aggrieved over the same, the respondents 1 and 2 have filed this Writ
Appeal.
5.Heard the learned counsel on either side and perused the materials
available on record.
6.It is to be noted that as per G.O.(Ms)No.2010, Transport Department,
dated 03.11.1987, the writ petitioner is entitled to Voluntary Retirement
Compensation Amount under the Special Scheme and on 10.02.1993, the
compensation amount is enhanced from Rs.7,500/- to Rs.8,500/- per year.
However, the appellants have not settled the same to the writ petitioner. Therefore
the writ petitioner has filed the said Writ Petition.
7.Considering the said G.O., the Writ Court has rightly directed the
appellants to pay the Voluntary Retirement Compensation amount along with
interest at the rate of 6% per annum for the belated payment of retirement benefits
including Provident Fund, Leave Encashment and 1998 ML Encashment
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Voluntary Retirement benefit amount and retirement benefit scheme amount.
Therefore, the same shall be paid by the appellants within a period of five months
from the date of receipt of a copy of this order.
8.In such view of the matter, we do not find any infirmity in the order
passed by the Writ Court. Accordingly, this Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.]
24.04.2025
NCC : Yes / No
Index : Yes / No
Yuva
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
24.04.2025
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