G.Chokkalingam(Epd.No.10141) v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN G.Chokkalingam ... Petitioner Vs.

The Managing Director, State Express Transport Corporation, Thiruvallurvar House, Pallavan Salai, Chennai - 2. ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2023 to 09.03.2025, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves, Commutation within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.G.Vijay Priyan For Respondent : Mr.S.Siva Subramani Standing Counsel 1/6

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 respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.06.2023 to 09.03.2025, in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves, Commutation within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

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 petitioner was appointed as SG.R.Driver in the Respondent-Corporation on 01.10.1995 and after completing 28 years of service and on attaining the age 2/6

of superannuation, he retired from service on 31.05.2023. The learned counsel for the petitioner would submit that though he retired from service during 2023, his terminal benefits were settled only on 10.03.2025, after the lapse of two years. But for the such delay, the respondent did not pay any interest. Hence, claiming interest for the delayed payment, the petitioner has sent a representation dated 25.03.2025 to the respondent. Since the same was not considered by the respondent, the present Writ Petition has been filed.

5. At this juncture, the learned Standing Counsel appearing for the respondent would fairly submit 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 amount.

6. In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondent to pay the interest at the rate of 6% per annum upon the delayed payment of retirements benefits, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioner, within a period of six weeks from the date of 3/6

receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 02.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To The Managing Director, State Express Transport Corporation, Thiruvallurvar House, Pallavan Salai, Chennai - 2. 5/6

C.KUMARAPPAN, J.

dm 02.07.2025 6/6