S.Elavarasan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.S.Elavarasan 2.M.Raju ... Petitioners Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, 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 1/6
interest @ 10% for the belated payment of Gratuity, P.F, Leave Salary and commutation of pension amount to the petitioners. For Petitioner : Mr.S.T.Varadarajalu For R1 and R2 : M/s.S.Pavithra Standing Counsel For R3 : 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 interest @ 10% for the belated payment of Gratuity, P.F, Leave Salary and commutation of pension amount to the petitioners.
3. Heard the learned counsel for both sides and perused the materials available on record.
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4. The learned counsel for the petitioners would submit that the petitioners were joined in the services of the 1st Respondent-Transport Corporation as Driver and Conductor on 30.11.1988 and 02.11.1999 respectively and after rendering 23 years (1st petitioner) and 34 years (2nd petitioner) of service, they retired from service on 31.05.2022 as Special Grade Driver and Special Grade Conductor respectively. The learned counsel for the petitioner would submit that though they retired from service during 2022, their terminal benefits were paid only from 2023, with a delay of almost one year. However, no interest was paid for the above period. In view of the same, the petitioners submitted individual representation dated 08.05.2025 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. 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.
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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, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioners, 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. 24.07.2025 (2/2) dm Index : Yes/No Speaking order /Non Speaking Order 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 002.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
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C.KUMARAPPAN, J.
dm 24.07.2025 (2/2) 6/6