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Madras High CourtWP/18731/2025disposed of

G.Venkatesan, v. The Managing Director

2025-06-09Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN G. Venkatesan Petitioner(s) Vs

1. The Managing Director, Tamilnadu State Transport Corporation(salem)limited, No.12, Ramakrishna Road, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation(salem)Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

3.The Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavansalai, Chennai-600 002.

Respondent(s) PRAYER :-This writ petition has been filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, gratuity and leave surrender amount and consequently direct the Respondents to pay the unsettled benefits earned leave salary, last 10 days Salary and pension arrears within the stipulated time as may be fixed by this hon'ble Court. 1/5

For Petitioner(s):

Mr. J. Pradeep For Respondent(s):

Mr.K.Raja, S.C.,

ORDER

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to disburse interest at the rate of 6% p.a. towards belated payment of provident fund, gratuity and leave surrender and the unsettled benefits of earned leave salary and last 10 days salary and pension arrears.

2. The learned counsel for the petitioner would submit that he was working as a conductor from 15.05.1989. Though he was retired from service on 30.04.2023 on attaining the age of superannuation as Checking Inspector, the retirement benefits were settled belatedly on 12.02.2025 and no interest has been paid for the delayed period. Accordingly, it is the submission of the petitioner that he is entitled for interest at 6% from the date of retirement till its disbursal. Apart from the above, the learned counsel would also submit that the petitioner is entitled for leave encashment and the salary for the last 10 days of salary. In this connection, the petitioner had sent a representation on 19.03.2025 and such representation is still pending with the respondents. 2/5

3. At this juncture, the learned counsel for the respondents would submit that they would pay 6% interest for the delayed payment of terminal benefits to the petitioner. However, with respect to other entitlements, the learned counsel would submit that they would pay all the dues after verifying the individual's service records.

4. In view of the above submission, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% upon the terminal benefits for the delayed payment, from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner and also direct the respondent to pay the other eligible amount, according to the service records of the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above observations and directions, this writ petition is disposed of. No costs.

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To 1.The Managing Director Tamilnadu State Transport Corporation(salem)limited, No.12,Ramakrishna Road, Salem-636 007.

2.The General Manager, Tamil Nadu State Transport Corporation(salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri. 3.The Administrator, Tnstc Employees Pension Trust, Thiruvalluvar House, No.2, Pallavansalai, Chennai-600 002.

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C.KUMARAPPAN J.

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