E.Selvaraj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.E.Selvaraj 2.K.Abdul Aziz 3.Arjunan 4.Jeevadurai 5.J.Anthoneysamy 6.G.Gunasekaran 7.A.Ragothuman 8.C.Kamala, LR 9.S.Paramasivam 10.Aslam Basha 11.R.Kumaresan 12.G.Baskaran ... Petitioners Vs.
1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram-) Ltd, 1/6
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram-) Ltd, Villupuram Region, 3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, 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 pay interest for the belated payment of terminal benefits such as Gratuity, Leave Salary, P.F and commutation of pension amount and difference in Gratuity and leave salary with 10% interest in view of enhanced D.A to the petitioners.
For Petitioners : Mr.P.Ganesha Murthi For R1 and R2 : M/s.S.Pavithra Standing Counsel For R3 : Mr.C.S.K.Sathish Standing Counsel
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself. 2/6
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pay interest for the belated payment of terminal benefits such as Gratuity, Leave Salary, P.F and commutation of pension amount and difference in Gratuity and leave salary with 10% interest in view of enhanced D.A to the petitioners.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioners would submit that the petitioners joined in the service of the 1st respondent/Corporation as Conductor and Drivers and after completing 25 to 30 years of continuous service, they retired from service as Special Grade Conductor/Drivers and Checking Inspector. It is the further submission of the petitioner that after retirement, the respondents did not settle their terminal benefits. Hence, they have sent representations to the respondents claiming interest upon the delayed payment and for difference in gratuity and leave salary reimbursement.
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5. The learned Standing Counsel appearing for the respondents 1 and 2 would fairly submit that as far as the interest is concerned, in view of the similar orders passed by this Court in W.P.Nos. 40031, 33742 and 35806 of 2024, they would pay the interest at the rate of 6% per annum for the belated payment of the eligible and admissible amount.
6. As far as the other claim is concerned, the learned Standing Counsel appearing for the respondents 1 and 2 would submit that they would consider the petitioners' representations, within a reasonable time.
7. In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondents to pay the interest at the rate of 6% per annum upon the delayed payment of retirement benefits, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioners, within a period of six weeks from the date of receipt of copy of this order.
8. As far as the claim towards difference in gratuity amount and leave salary amount, the respondents are directed to consider the petitioners' 4/6
representations dated 07.02.2024, Dec. 2024, 29.01.2025, 05.02.2025, 07.02.2025, 07.03.2015, 12.03.2024, 17.03.2025 and 21.03.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.
9. With the above directions, the Writ Petition is disposed of. No costs. 30.06.2025 (2/2) dm Index : Yes/No Speaking order /Non Speaking Order To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram-) Ltd, 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram-) Ltd, Villupuram Region, No.3/137, Salamedu, Kandamanadi P.O, 3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
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C.KUMARAPPAN, J.
dm 30.06.2025 (2/2) 6/6