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Madras High CourtWP/12256/2025disposed of

Balasubramanian v. The Managing Director,

2025-04-07Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.12256 of 2025 Balasubramanian .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Region, Salem - 636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse 6% interest for belated payment of Provident Fund, Gratuity, Commutation of Pension and Earned Leave salary amount to the petitioner and

consequently direct the respondents to settle the unsettled benefits of Leave Encashment amount, last 11 days salary and D.A. Arrears within the stipulated time.

For Petitioner .. Mr.J.Pradeep For Respondents .. Mr.K.Raja, Standing Counsel

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to pay interest at 6% per annum towards the belated settlement of terminal benefits like Provident Fund, Gratuity, Commutation of Pension and Earned Leave Salary and also the leave encashment amount for the last 7 days salary and D.A. arrears to the petitioner. 2.In the affidavit filed in support of the writ petition it had been stated that the petitioner had joined the 2nd respondent Corporation as Technical Assistant and retired from service on attaining the age of superannuation on 31.05.2023. The petitioner was serving as Foreman. It had been stated that the Provident Fund, Gratuity, Commutation of Pension, and Earned Leave was paid after 21 months from the date of retirement. For that 21 months,

the petitioner seeks interest at 6% per annum. In this connection, the petitioner had given a representation dated 11.03.2025. 3.A direction is issued to the respondents to examine the representation dated 11.03.2025 and to examine the service register of the petitioner and it would only be in the interest of the respondents that necessary interest component is paid immediately to the petitioner, as otherwise the liability would only increase. The respondents are also directed to pay 6% interest per annum to the petitioner and this would be effective from the date of retirement till the date of actual disbursement. The entire procedure be completed within a period of eight months from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition stands disposed of. No costs.

07.04.2025 Index:Yes/No Internet:Yes/No smv

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Salem Region, Salem - 636 007.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 002.

C.V.KARTHIKEYAN,J.

smv W.P.No.12256 of 2025 07.04.2025