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Madras High CourtWP/25289/2025disposed of

K.Ravi v. The Managing Director

2025-07-11Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN K.Ravi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram-) Ltd, No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram, Vellore, Vellore District - 632009.

... 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 @ 10% for the belated payment of Gratuity, P.F, Leave Salary and 15 days leave salary surrendered in August 2019 with 10% interest to the petitioner.

For Petitioner : Mr.S.T.Varadarajalu For Respondents : M/s.S.Pavithra Standing Counsel

O R D E R

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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 @ 10% for the belated payment of Gratuity, P.F, Leave Salary and 15 days leave salary surrendered in August 2019 with 10% interest to the petitioner.

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 1st Respondent-Transport Corporation as Driver and after rendering 36 years of service and on attaining the age of superannuation, he retired from service on 30.06.2023 as Driving Instructor. The learned counsel for the petitioner would submit that there is a delay in payment of terminal benefits. Therefore, he would submit that the petitioner is entitled for interest at the rate of 15% per annum. Apart from 2/6

that, the petitioner would also submit that surrendered 15 days leave salary was not paid to him. In this connection, the petitioner has sent a representation on 28.04.2025 to the respondents claiming interest on 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 respondents would submit that as far as interest is concerned, 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. However, in respect of the surrendered 15 days leave salary, the learned Standing Counsel would submit that they would consider the petitioner's representation dated 28.04.2025 according to it's own merits and in accordance with law.

7. 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.

8. As far as surrendered 15 days leave salary is concerned, the respondents are directed to consider the petitioner's representation dated 28.04.2025 and pass orders on it's own merits and in accordance with law, within a period as indicated above.

9. With the above directions, the Writ Petition is disposed of. No costs. 11.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

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

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram, Vellore, Vellore District - 632009.

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C.KUMARAPPAN, J.

dm 11.07.2025 6/6