V.Gunasekaran (Jo6779) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.V.Gunasekaran 2.S.E.Dev 3.M.Saravanan 4.K.Moorthi 5.R.Shanmugam 6.S.Pannerselvam 7.G.S.Abdul Jabar 8.P.Easwaran ... Petitioners Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.
2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.
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3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Pallavan House, Thiruvalluvar 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 interest for the belated payment of Provident Fund, Death cum Retirement Gratuity, Encashment of Earned Leave, Surrender Leave and Commuted Value of Pension at the rate of 12% per annum within the time frame fixed by this Court.
For Petitioners : Mr.N.K.Ponraj For R1 and R2 : Mr.M.Murali Vinodh Standing Counsel For R3 : Mr.C.S.K.Sathish
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. 2/6
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pay interest for the belated payment of Provident Fund, Death cum Retirement Gratuity, Encashment of Earned Leave, Surrender Leave and Commuted Value of Pension at the rate of 12% per annum within the time frame 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 petitioners would submit that the petitioners were retired employees of the Respondents-Transport Corporation and the 1st petitioner retired from service on 31.05.2023 as Special Grade Conductor, the 2nd petitioner retired from service on 30.04.2023 as Special Grade Conductor, the 3rd petitioner retired from service on 31.05.2023 as Special Grade Conductor, the 4th petitioner retired from service on 31.05.2023 as Selection Grade Driver, the 5th petitioner retired from service on 30.04.2023 as Selection Grade Driver, the 6th petitioner retired from service on 31.05.2023 as Superintendent, the 7th petitioner retired from service on 31.05.2023 as Special Grade Conductor 3/6
and the 8th petitioner retired from service on 30.06.2018 as Technical Inspector. The learned counsel for the petitioners would submit that the respondents have settled their terminal benefits, with a long delay. However, no interest was paid for the delay period. In view of the same, the petitioners have sent individual representations dated 21.03.2025, 19.03.2025, 29.03.2025, 07.04.2025, 19.03.2025, 19.03.2025, 29.03.2025 and 26.04.2025 to the 1st respondent to pay interest for the delayed period. Since the same was not considered by the 1st respondent, the present Writ Petition has been filed.
5. At this juncture, the learned Standing Counsel appearing for the respondents 1 and 2 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 respondents to pay the interest at the rate of 6% per annum upon the belated payment of retirements benefits, 4/6
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 copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs. 04.07.2025 (2/3) Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.
2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.
3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Pallavan House, Thiruvalluvar Salai, Chennai - 600 002.
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C.KUMARAPPAN, J.
dm 04.07.2025 (2/3) 6/6