R.Subramanian v. Tamil Nadu State Transport Corporation (Kovai) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Subramanian ... Petitioner Vs.
Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep by its The Managing Director, No.37, Mettupalayam Road, Coimbatore-43.
... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to pay the petitioner a sum of Rs.1,16,000/- towards difference in Gratuity, with interest at the rate of 12% per annum, within a specified time as may be fixed by this Court.
For Petitioner : Mr.R.Krishnaswamy For Respondent : Mr.Murali Vinoth 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 a sum of Rs.1,16,000/- towards difference in Gratuity, with interest at the rate of 12% per annum, within a specified time as may be fixed by this Court.
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 has joined in the services of the Respondent-Transport Corporation as Conductor on 22.01.1993 and after rendering 29 years of service and on attaining the age of superannuation, he retired from service on 31.03.2020. Thereafter, the petitioner has sent a representation to the respondents on 06.06.2025 claiming for difference in salary and for interest upon the delayed 2/6
payment of retirement benefits.
5. The learned Standing Counsel appearing for the respondent would submit that as far as the interest is concerned, in view of the similar orders passed by this Court in W.P.Nos. 40031, 33742 and 35806 of 2024, they would pay the interest at the rate of 6% per annum for the belated payment of the eligible and admissible amount. However, in respect of difference in salary, the learned Standing Counsel would submit that they would settle the eligible amount in accordance with his Service Records.
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 receipt of copy of this order.
7. As far as difference in salary is concerned, the respondent is 3/6
directed to consider the petitioner's representation dated 06.06.2025 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 copy of this order.
8. With the above directions, the Writ Petition is disposed of. No costs. 02.07.2025 (6/6) Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep by its The Managing Director, No.37, Mettupalayam Road, Coimbatore-43.
5/6
C.KUMARAPPAN, J.
dm 02.07.2025 (6/6) 6/6