M.R.Somasundaram v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.R.Somasundaram ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd, 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 Emploees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 002.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity, Pension Commutation, Leave Surrender amount and consequently settle the unsettled benefits of Leave Encashment amount and last 10 days salary. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel for R1 and R2 Mr.C.S.K.Sathish for R3
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 6% interest for belated payment of Provident Fund, Gratuity, Pension Commutation, Leave Surrender amount and consequently settle the unsettled benefits of Leave Encashment amount and last 10 days salary.
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2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the materials available on record.
3. It is the case of the petitioner that he joined in the 1st respondent Corporation on 22.04.1995 and had retired from his service on 31.12.2019. It is the grievance of the petitioner that he is entitled for retiral benefits viz., provident fund, gratuity, pension commutation and leave surrender amount and other unsettle benefits of leave encashment amount and 10 days salary with interest. Hence, he made a representation dated 05.02.2021 requesting the respondents to pay interest for the terminal benefits.
4. The learned Standing Counsel for the respondents would fairly concede that in view of the similar orders passed by this Court in W.P.Nos 40031, 33742 and 35806 of 2024, they are willing to pay the interest at the rate of 6% per annum for the belated payment of the eligible and admissible amount.
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5. In view of the above submission of the learned Standing Counsel, this Court 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 of terminal benefits, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd, 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 Emploees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai - 600 002.
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C.KUMARAPPAN, J.
jas 03.06.2025 6/6