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Madras High CourtWP/38260/2025disposed of

M.Ganesan v. The Managing Director

2025-10-10Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Ganesan ... 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

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the interest on the belated payment of provident fund, gratuity and earned leave surrender amounts from the date of retirement till the date of actual disbursement at the rate of 6% per annum within the stipulated time as fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel 1/6

ORDER

Aggrieved by the belated payment of provident fund, gratuity and earned leave surrender amounts, the petitioner has come up with this writ petition seeking interest from the date of retirement till the date of actual disbursement at the rate of 6% per annum, 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.

3. 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.

4. When the matter was taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court the order passed by a 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 2/6

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 the order.

5. Learned Standing Counsel appearing for the respondents did not dispute the above submission made by the learned counsel for the petitioner.

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."

The aforesaid decision is squarely applicable to the facts of the present case.

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7. 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 from the date of retirement till the date of actual disbursement at the rate of 6% p.a. for the belated payment of terminal benefits such as, provident fund, gratuity and earned leave surrender amounts 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 will be no order as to costs. 10.10.2025 mrn Index : Yes/No Speaking order : Yes/No To:

1.The Managing Director, 4/6

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.

A.D.JAGADISH CHANDIRA,J.

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mrn 10.10.2025 6/6