K.Mohan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN K.Mohan ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 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 Employees Pension Trust, Thiruvalluvar House, No.2, 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 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave amount and consequently direct the Respondents to pay the unsettled 1/6
benefits of Leave surrender amount and last 11 days salary within the stipulated time as may be fixed by this Court. For Petitioner : M/s.R.Geethalakshmi For R1 and R2 : Mr.K.Raj Standing Counsel For R3 : Mr.C.S.K.Sathish Standing Counsel *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to disburse 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave amount and consequently direct the Respondents to pay the unsettled benefits of Leave surrender amount and last 11 days salary within the stipulated time as may be fixed by this Court.
2. The learned counsel for the petitioner would submit that the petitioner was employed as a Driver in the Respondents-Transport Corporation since 01.11.1989 and on attaining the age of superannuation, he 2/6
retired from service on 31.05.2023 as Selection Grade Senior Driver. It is the further submission of the petitioner that he received Provident Fund, Gratuity and Leave Encashment Salary belatedly on 10.03.2025. It is further submission of the petitioner that still leave surrender amount and the last 11 days salary remain unpaid. In this connection, he had sent a representation dated 05.05.2025 and such representation is still pending before the respondents.
3. The learned Standing Counsel for the respective respondents would submit that they would pay the eligible amount of the petitioner according to his service record. It is the further submission of the respondents that they would pay interest at the rate of 6% on the delayed payment of retirement benefits.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. In such view of the above submission of the respondents, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% 3/6
per annum upon the delayed payment from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioner and further, this Court directs the respondents to consider the representation of the petitioner dated 05.05.2025 in respect of his claim for leave surrender amount and last 11 days salary amount 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.
6. With the above directions, the Writ Petition is disposed of. No costs. 11.06.2025 Index : Yes/No Speaking Order / Non-Speaking Order dm 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 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 Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai-600 002.
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C.KUMARAPPAN, J.
dm 11.06.2025 6/6