D.John Bosco v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN D.John Bosco ... Petitioner in W.P.No.17563 of 2025 B.Kotteswaran ... Petitioner in W.P.No.17570 of 2025 Vs.
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009. ... Respondents 1 & 2 in both WP's The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... 3rd respondent in W.P.No.17563 of Common Prayer: Writ Petitions filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, directing the respondents to pay interest to the petitioners at the rate of 8% per annum for the belated payment of provident fund, gratuity, pension commutation amount and
surrender leave wage within the time limit stipulated by this Court. (in both W.P's) For Petitioner : Mr.J.Lakshminarayanan For R1 : Ms.S.Pavithra Standing Counsel For R2 : Mr.C.S.K.Sathish Standing Counsel for R2 COMMON ORDER The instant writ petitions have been filed with a prayer for issuing a Mandamus, to direct the respondents to pay interest to the petitioners at the rate of 8% per annum for the belated payment of provident fund, gratuity, pension commutation amount and surrender leave wage amount within the time limit stipulated by this Court.
2.
The case of the petitioners is that they were retired from service on 30.04.2023. However, the terminal benefits have been settled to them only on 12.02.2025 and no interest has been paid for the delayed period. In view of the same, the petitioners submitted representation dated 07.03.2025 to the respondents to pay interest for the delayed period. Since the same was not considered, the present writ petition has been filed.
3.
The learned Standing Counsel for the respondents would fairly submits that in view of the similar order 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.
4.
Heard the learned counsel for both sides and perused the materials available on record.
5.
Though there is disputed facts between the parties, taking into consideration of the fact that the representations made by the petitioners are yet to be considered, 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 of the petitioners within a period of six weeks from the date of receipt of a copy of this order.
In the result, the Writ Petitions are disposed of with the above observations. No costs.
03.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.
The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
C.KUMARAPPAN, J.
veda 03.06.2025