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Madras High CourtWP/26705/2025disposed of

Subramaniam R Staff No, Cr 2777 v. The Government Of Tamilnadu

2025-07-22Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Subramaniam ... Petitioner Vs.

1.The Government of Tamil Nadu Rep. by its Secretary Transport Department Secretariat Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6% rate of interest within the time frame that may be stipulated by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For R1 : Mr.G.Nanmaran Special Government Pleader For R2 and R3 : Mr.K.Raja Standing Counsel For R4 : 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 settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension and Provident Fund payable to the petitioner with 6% rate of interest within the time frame that may be stipulated by this Court. 2/6

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 Respondents 2 and 3-Transport Corporation on 10.03.1993 and after rendering 25 years of service, he retired from service on 31.07.2018 as Selection Grade Senior Conductor. The learned counsel for the petitioner would submit that though he retired from service during 2018, his terminal benefits were settled only on 31.08.2019, 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 11.03.2025 to the respondents to pay interest for the delayed period. 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 2 and 3 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. 3/6

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, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioner, within a period of eight weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 22.07.2025 (2/6) Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Secretary Government of Tamil Nadu Transport Department Secretariat Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3.The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

5/6

C.KUMARAPPAN, J.

dm 22.07.2025 (2/6) 6/6