P.N.Gangadharan v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN P.N.Gangadharan ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Villupuram)Ltd, Kanchipuram Region, Chennai - Bangalore Highway, Karapettai, Kanchipuram, Kanchipuram - 631 552.

2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Commutation of pension amount and unpaid last retired month salary of 11 days to the petitioner.

For Petitioner : Mr.S.T.Varadarajalu For Respondents : Ms.S.Pavithra Standing Counsel for R1 & R2

: Mr.C.S.K.Satish Standing Counsel for R3

ORDER

The writ petition has been filed to direct the respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Commutation of pension amount and unpaid last retired month salary of 11 days to the petitioner.

2.

The case of the petitioner is that he was appointed in the first respondent Transport Corporation on 21.01.1988 and retired from service on 31.01.2019. However, the terminal benefits have been settled to the petitioner only on 31.08.2019 and no interest has been paid for the delayed period. Apart from that, the petitioner was also not paid salary for 11 days during the retiring month. In view of the same, the petitioner submitted representation to the respondents dated 17.02.2025, 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. Further submits that, in respect of non-payment of 11 days salary, they would consider the representation of the petitioner within a reasonable time.

4.

Heard the learned counsel for both sides and perused the materials available on record.

5.

In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% per annum for the belated payment of admissible terminal benefits from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner and to consider the representation of the petitioner dated 17.02.2025, in respect of payment of 11 days salary, 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 a copy of this order.

In the result, the Writ Petition is disposed of with the above direction. No costs.

13.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.The Managing Director, Tamilnadu State Transport Corporation (Villupuram)Ltd, Kanchipuram Region, Chennai - Bangalore Highway, Karapettai, Kanchipuram, Kanchipuram - 631 552.

2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

C.KUMARAPPAN, J.

veda 13.06.2025