G.Elumalai v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

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

1.THE MANAGING DIRECTOR, Tamil Nadu State Transport Corporation [VPM] Ltd., Tiruvannamalai Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.THE ADMINISTRATOR, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 30.06.2023 to 16.04.2025 i.e., 657 days on Provident Fund, Gratuity, Leave Amount, Commuted Pension, and other retirement benefits, within a specified time. 1/6

For Petitioner : Mr.J.John Harrison 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 the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period of 30.06.2023 to 16.04.2025 i.e., 657 days on Provident Fund, Gratuity, Leave Amount, Commuted Pension, and other retirement benefits, within a specified time.

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 has joined in the services of the 1st Respondent-Transport Corporation as Conductor on 21.11.1997 and after rendering 26 years of unblemished service, he retired from service on 30.06.2023 as Special Grade Conductor. The learned counsel for the petitioner would submit that though he retired from service during 2023, his terminal benefits were settled only on 16.04.2025, after lapse of more than one year. However, no interest was paid for the above period. In view of the same, the petitioner has sent a representation dated 09.05.2025 to the respondents to pay interest upon the delayed payment. Since the same was not considered by the respondents, the present Writ Petition has been filed.

5. At this juncture, the learned Standing Counsel appearing for the 1st 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, 3/6

this Court deems it appropriate to direct the respondents 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. With the above direction, the Writ Petition is disposed of. No costs. 30.06.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.THE MANAGING DIRECTOR, Tamil Nadu State Transport Corporation [VPM] Ltd., Tiruvannamalai Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.THE ADMINISTRATOR, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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C.KUMARAPPAN, J.

dm 30.06.2025 6/6