K.Ashokan (Rtd Staff No Dr5278) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN K.Ashokan ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of provident fund, gratuity, leave surrender & commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 2017-2018 and 10 days salary with effect from 01.06.2023 within the stipulated time as may be fixed by this Court.
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For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja Standing Counsel for R1 Mr.C.S.K.Sathish Standing Counsel for R2 *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to disburse the belated payment of interest amount of provident fund, gratuity, leave surrender & commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 2017-2018 and 10 days salary with effect from 01.06.2023 within the stipulated time as may be fixed by this Court.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the materials available on record.
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3. It is the case of the petitioner that he joined in the 1st respondent Corporation on 01.01.1988 and had retired from his service on 28.02.2019. It is the grievance of the petitioner that the respondents paid retiral benefits viz., provident fund, gratuity, leave surrender, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 2017-2018 and 10 days salary with effect from 01.06.2023. Hence, he made a representation dated 26.03.2025 requesting the respondents to pay interest for the terminal benefits.
4. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner are yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to pay the eligible and admissible amount with interest at the rate of 6% per annum for the belated payment to the petitioner within a period of six weeks from the date of receipt of a coy of this order.
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5. In the result, this Writ Petition is disposed of with the above observations. No costs.
03.06.2025 (1⁄4) jas Index : Yes Speaking order To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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C.KUMARAPPAN, J.
jas 03.06.2025 (1⁄4) 5/5