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Madras High CourtWP/12569/2026disposed of

S.Thamaraikkannan v. The Government Of Tamil Nadu

2026-04-02Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA S.Thamaraikkannan Staff No. EA 0189 Senior Assistant Engineer- Retd., S/o. Sengodan, No. 2/ 191- A Sunthapuri, Reddipatti, Namakkal 637002 ..Petitioner(s) Vs

1. The Government of Tamil Nadu Rep. by its Secretary, Transport Department, Secretariat, Chennai-600 009

2. the Managing Director Tamil Nadu State Transport Corporation (Salem ) Limited, Salem division, No.12 Ramakrishna Road, Post Box No. 713 Salem 636 007

3. The General Manager Tamil Nadu State Transport Corporation (Salem ) Ltd., Salem division, No.12 Ramakrishna Road, Post Box No. 713 Salem 636 007

4. The Administrator Tamil Nadu State Transport Corporation Employees Pension fund Trust, Thiruvalluvar Illam Pallavan Salai,

Chennai-2 ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6 percent rate of interest within the time frame that may be stipulated by this Honourable Court For Petitioner(s):

N.Sudhagar Nagaraj For Respondent(s):

Mr.P.Ganesan, AGP for R1 & R2 Ms.P.Pradeepa, Standing counsel for R3

ORDER

(1) This Writ Petition has been filed by the petitioner seeking to issue a writ of Mandamus directing the respondents herein to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6 percent rate of interest within the time frame that may be stipulated by this Court.

(2) Mr.P.Ganesan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2 and M/s.P.Pradeepa, learned Standing counsel accepts notice on behalf of the 3rd respondent. (3) With the consent of both the learned counsels, the main writ petition is disposed of at the admission stage itself.

(4) The case of the petitioner is that he joined the service of Tamil Nadu State Transport Corporation (Chennai) Limited, and he voluntarily retired from service on 31.12.2023, as Senior Assistant Engineer. It is submitted that subsequent to his retirement, a settlement was entered into between the Union and the Management on 29.05.2025, which was made applicable with effect from 01.09.2023. However, the terminal benefits have been settled to the petitioner as per the pre-revised pay instead of revised pay. Hence, the petitioner submit that he is entitled to the benefit under the said settlement dated 29.05.2025 along with interest and he had submitted representation along with the other similarly placed persons, to the respondents on 25.02.2026, to pay the interest for the belated settlement of the retiral benefits. Since the same was not considered, the present writ petition has been filed.

(5) When this matter is taken up for hearing, the learned counsel for the petitioner has produced a copy of the order passed by this Court in W.P.No.44223 of 2025 dated 18.11.2025 regarding the similar issue, wherein, this Court has passed an order directing the respondents to pay difference in leave salary, difference in gratuity and pensions arrears as per the wage settlement dated 29.05.2025 with 6% per annum to be computed from the date of the petitioner's retirement till the date of payment.

(6) Heard both sides and perused the materials available on record.

(7) In view of the aforesaid facts and circumstances of the case and the order passed by this Court, the 3rd respondent is directed to pay the interest for the belated settlement of the aforesaid retirement benefits, at the rate of 6% per annum to be computed from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner within a period of six weeks from the date of receipt of a copy of this order. (8) In the result, the Writ Petition is disposed of with the aforesaid direction. No costs.

02-04-2026 [5/5] Index: Yes/No Speaking/Non-speaking order AP

To

1. The Secretary, Government of Tamil Nadu Transport Department, Secretariat, Chennai-600 009

2. the Managing Director Tamil Nadu State Transport Corporation (Salem ) Limited, Salem division, No.12 Ramakrishna Road, Post Box No. 713 Salem 636 007

3. The General Manager Tamil Nadu State Transport Corporation (Salem ) Ltd., Salem division, No.12 Ramakrishna Road, Post Box No. 713 Salem 636 007

4. The Administrator Tamil Nadu State Transport Corporation Employees Pension fund Trust, Thiruvalluvar Illam Pallavan Salai, Chennai-2

P.T.ASHA, J.

AP 02-04-2026 [5/5]