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Madras High CourtWP/32402/2025allowed

R. Kamarasu v. The Managing Director

2025-08-29Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Kamarasu ... Petitioner Vs 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007.

2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram, Dharmapuri.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary amount and consequently direct the respondents to settle the unsettled benefits like leave surrender and last 9 days salary within the stipulated time as may be fixed by this Court. 1/5

For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel for R1

ORDER

The above writ petition has been filed seeking the following relief : "To issue Writ of Mandamus directing the respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned Leave Salary amount and consequently direct the respondents to settle the unsettled benefits like leave surrender and last 9 days salary within the stipulated time as may be fixed by this Court.."

2. The petitioner had joined the second respondent-Corporation as Conductor on 24.08.1994 and had retired on 31.05.2023 as Selection Grade Senior Conductor. The grievance of the petitioner is that though the respondents had paid his retirements benefits only on 10.03.2025, they had not paid his 15 days leave surrender for the year 2017 and 2018 and also his salary for last 9 days of his employment. Hence, the petitioner is now claiming interest for the belated payments of his retirement benefits as well as his leave surrender salary for the years 2017 and 2018 and also his salary 2/5

for the last 8 days, which according him, he was entitled to. In this regard, the petitioner had also submitted his representation dated 31.07.2025. But the respondents have not chosen to take action on his representation. Hence, the petitioner is before this Court.

3.Heard the learned counsel for the petitioner and the learned Special Government Pleader who takes notice on behalf of the first respondent.

4. Considering the limited request of the petitioner and taking note of the fact that the petitioner's representation dated 31.07.2025 has not been considered to date by the respondents, a mandamus, is issued to the respondents to pay interest @ 6% on the belated payment of the retirement benefits from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner and also settle the other dues viz., leave salary for the years 2017 and 2018 and his salary for the last 8 days of his employement which he is entitled to, within a period of two months from the date of receipt of a copy of this order.

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5. With the above direction, the writ petition stands allowed. No costs. 29.08.2025 Index : Yes / No ds To:

1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Road Salem - 636 007.

2.The General Manager Tamil Nadu State Transport Corporation (Salem) Limited Dharmapuri Region Bharathipuram, Dharmapuri.

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P.T. ASHA, J, ds 29.08.2025 5/5