S.Mahendran (Rtd Staff No Fc5348) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN S.Mahendran ... Petitioner Vs.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to disburse the belated payment of interest amount of provident fund, gratuity, leave surrender and commutation and other unsettle benefits of Earned leave salary surrender for the year 2009-2011 & 2018-2019 with effect from 01.05.2023. For Petitioner : Mr.N.Desinghu For Respondent : Mr.K.Raja Standing Counsel 1/5
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondent to disburse the belated payment of interest amount of provident fund, gratuity, leave surrender and commutation and other unsettle benefits of Earned leave salary surrender for the year 2009-2011 & 2018-2019 with effect from 01.05.2023.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent and perused the materials available on record.
3. It is the case of the petitioner that he joined in the respondent Corporation on 15.07.1988 and had retired from his service on 30.04.2023. It is the grievance of the petitioner that the respondent paid retiral benefits viz., provident fund, gratuity, leave surrender and commutation and other unsettle benefits of Earned leave salary surrender for the year 2009-2011 & 2018-2019 with effect from 01.05.2023. Hence, he made a representation 2/5
dated 24.03.2025 requesting the respondent 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 respondent 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.
5. In the result, this Writ Petition is disposed of with the above observations. No costs.
03.06.2025 jas Index : Yes Speaking order 3/5
To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
4/5
C.KUMARAPPAN, J.
jas 03.06.2025 5/5