B.Nithiya Kalyani v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
1. B.Nithiya Kalyani
2. Padmavathy ... Petitioners Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore - 641 043.
2. The Administrator, TNSTC Employees Pension Fund Trust, 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 herein to pay interest for the delayed payments made to the petitioners in respect of gratuity, leave surrender, provident fund and earned leave. For Petitioners : Mr.N.Anand Raja For Respondents : Mr.A.Vinothraj, Standing Counsel (for R1) Mr.C.S.K.Sathish, Standing Counsel (for R2) ***** 1/4
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus to direct the respondents herein to pay interest for the delayed payments made to the petitioners in respect of gratuity, leave surrender, provident fund and earned leave.
2. It is the contention of the learned counsel for the petitioners that the first petitioner's husband had retired from the services on 30.06.2023 as Senior Checking Inspector and the second petitioner's husband had retired from the services on 30.04.2023 as Special Grade Driver in the first respondent Corporation, and made representations and RTI applications to the respondents seeking interest for the belated payment of the terminal benefits such as gratuity, leave surrender, provident fund and earned leave, there was no response for the same.
3. 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 2/4
amount.
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 the interest at the rate of 6% per annum 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 a copy of this order.
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
17.06.2025 1/6 kv Index : Yes/No Speaking order /Non Speaking Order 3/4
C.KUMARAPPAN, J.
kv To
1. The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore - 641 043.
2. The Administrator, TNSTC Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.
17.06.2025 1/6 4/4