S K Syed Jafer Rtd Staff No. Dr 5232 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.K.Syed Jafer
...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 District.
3.
The Administrator, Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Earned leave salary and Commutation amounts but other unsettled benefits Arrears of Leave 1/6
surrender in while in service, 12(3) settlement arrears, Pension arrears and DA arrears with effect from 01.06.2017 within the stipulated time as may be fixed by this Hon'ble court.
For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja, Standing Counsel
ORDER
Aggrieved by the belated payment of Provident Fund, Gratuity, Earned leave salary and Commutation amounts and other unsettled benefits, Arrears of Leave surrendered while in service, 12(3) settlement arrears, Pension arrears and DA arrears with effect from 01.06.2017, the petitioner has come up with this Writ petition seeking interest for the said delay caused on the part of the respondents.
2. Mr.K.Raja, learned Standing Counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. When the matter is taken up for hearing, the learned counsel for the petitioner 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 respondents 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.
4. Learned counsel appearing on behalf of the respondents did not dispute the above submission made by the learned counsel for the petitioner.
5. 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. 3/6
from the date on which the amount became due and payable till the date of actual realisation."
6. 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 1st respondent to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits such as, Provident Fund, Gratuity, Earned leave salary and Commutation amounts and other unsettled benefits, Arrears of Leave surrendered while in service, 12(3) settlement arrears, Pension arrears and DA arrears, 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. No costs. 17.09.2025 (7/7) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6
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 District.
3.
The Administrator, Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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A.D.JAGADISH CHANDIRA, J.
skt (7/7) 17.09.2025 6/6