V.Kuppusamy v. The Tamil Nadu State Transport Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

1. V.Kuppusamy 2.M.K.Selvaraj ... Petitioner(s) Vs.

1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I, Rep. By Its Managing Director, No. 37 Mettupalayam Road, Coimbatore 2.The Administrator Tamil Nadu Pension Trust, Pallavan Salai, Chennai ... Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents herein to pay interest for the delayed payments made to the petitioners in respect of Gratuity, Commutation, Provident Fund and Earned leave etc.,

For Petitioners : Mr.D.Anand Raja For Respondent : Mr.C.Gauthamaraj Standing Counsel (For R1)

ORDER

Mr.C.Gauthamaraj, learned Standing Counsel takes notice on behalf of the 1st respondent. By consent of both parties, the present writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioners have filed this writ petition to issue a Writ of Mandamus, directing the respondents herein to pay interest for the delayed payments made to him in respect of Gratuity, Commutation, Provident Fund and Earned Leave. The petitioners retired from service on 31.05.2022 and 31.07.2022 respectively and their retirement benefits were settled belatedly only on 12.06.2023, after a delay of 13 and 11 months respectively.

3. The case of the petitioners is that though they were retired from service on 31.05.2022 and 31.07.2022 respectively, the first respondent failed to settle the retirement benefits on the due date, citing paucity of funds. The petitioners would further state that they are entitled to receive retirement benefits on the

date of retirement itself and that due to the delay, their families were put to serious hardship and prejudice. Even after repeated representations, including an application under RTI dated 15.07.2025, the respondents have not chosen to pay interest for the delayed settlement of retirement benefits. Hence, the present writ petition has been filed.

4. When the matter is taken up for hearing, the learned counsel for the petitioners brought to the notice of this Court the order passed by the Coordinate Bench of this Court in a similar matter in W.P.No.25610 of 2024 dated 03.09.2024, wherein this Court had directed the respondent to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits to the petitioner therein within a period of six (6) weeks from the date of receipt of a copy of this order.

5. Learned counsel appearing for the respondent did not dispute the above submission made by the learned counsel for the petitioners.

6. This Court perused the order passed in W.P.No.25610 of 2024, wherein, this Court has held as under :- "5. Taking into consideration the facts and circumstances of

the case and the grievance expressed by the petitioner, there shall be a direction to the respondent to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% p.a. from the date on which the amount became due and payable till the date of actual realisation."

7. The aforesaid decision is squarely applicable to the facts of the present case. Accordingly, applying the ratio laid down in the above case, this Writ petition stands disposed of with a direction to the respondents to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits such as, Provident Fund, Gratuity, Pension commutation and Earned Leave amount to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that, if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 9% p.a. from the date on which the amount became due and payable till the date of actual realisation. There shall be no order as to costs. 02.09.2025 (1⁄2) kak Index :

Yes/No Speaking Order :

Yes/No

:

Yes/No To

1. The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I, Rep. By Its Managing Director, No. 37 Mettupalayam Road, Coimbatore.

2.The Administrator Tamil Nadu Pension Trust, Pallavan Salai, Chennai

A.D.JAGADISH CHANDIRA, J.

kak (1/2) 02.09.2025