← Library
Madras High CourtWP/24275/2025disposed of

D.Harikrishnan T.M. (Retired ) St No 13023 v. The Managing Director

2025-07-04Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN D.Harikrishnan ... Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd. Kancheepuram Region No.3/137, Salamedu Vazhuthareddy Po, Villupuram - 605 602.

2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, 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 pay interest on the belated payment of terminal benefits namely Commutation of pension amount and CRBS amount to the petitioner at the rate of 6% per annum, for the period from (31.08.2017) the date of retirement to till the date of settlement by following the order passed in W.P.No.8985 of 2024 dated 03.04.2024 within a time frame.

For Petitioner : Mr.V.S.Jagadeesan 1/6

For R1 : M/s.S.Pavithra Standing Counsel For R2 : 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. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pay interest on the belated payment of terminal benefits namely commutation of pension amount and CRBS amount to the petitioner at the rate of 6% per annum, for the period from (31.08.2017) the date of retirement to till the date of settlement by following the order passed in W.P.No.8985 of 2024 dated 03.04.2024 within a time frame.

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

4. The learned counsel for the petitioner would submit that the 2/6

petitioner was served in the Respondents-Transport Corporation and after rendering 34 years of service, he retired from service on 31.08.2017. The learned counsel for the petitioner would submit though the respondents are liable to pay the CRBS amount within a reasonable time, however, there is long delay of more than five years in settling the CRBS amount. Hence, he has sent a representation on 10.06.2025 to the respondents claiming the interest and such representation is pending before the respondents.

5. At this juncture, the learned Standing Counsel appearing for the 1st respondent would strongly object the contention of the petitioner and would submit that the petitioner is not entitled for the interest amount. Hence, prayed to dismissed the writ petition.

6. I have given my anxious consideration to the submissions made on either side.

7. Whenever, an employee is retiring, there is a duty cast upon the employer to settle all the terminal benefits within a reasonable time. In the case in hand, though the petitioner retired during 2017, the payment of CRBS 3/6

amount was made during 2023 with inordinate delay. Therefore, it is appropriate to award nominal interest. This Court in similar writ petitions had ordered for payment of interest at the rate of 6% per annum. Taking into consideration of those orders, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% per annum from the date of retirement till the date of actual disbursement of the CRBS amount and also the respondents are directed to pay commutation pension. The respondents are directed to complete the above exercise within the period of six weeks from the date of receipt of copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs. 04.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd. Kancheepuram Region No.3/137, Salamedu Vazhuthareddy Po, Villupuram - 605 602.

2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

5/6

C.KUMARAPPAN, J.

dm 04.07.2025 6/6