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Madras High CourtWP/37073/2025disposed of

K.S.Saminathan Staff No.J08872 v. The Managing Director

2025-10-07Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

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

1. K.S. Saminathan

2. K.M. Mouleeswaran ... Petitioners vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennaimalai Road, Erode - 638 001.

3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India

praying to issue Writ of Mandamus directing the respondents to pay interest for the belated payment of Provident Fund, Gratuity, Encashment of Earned Leave, Surrender Leave, Commuted Value of Pension at the rate of 12% per annum. For petitioners : Mr.N. Senthilkumar For respondents : Mr. M. Murali Vinoth Standing Counsel - - - - - -

ORDER

This writ petition has been filed seeking for a direction to the respondents to settle interest for belated payment of retirement benefits, by considering the petitioners' representations dated 06.08.2025 and 07.08.2025 respectively.

2. Mr. M. Murali Vinoth, learned Standing Counsel takes notice for 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 petitioners brought to the notice of this Court the order dated 03.09.2024 passed by a Co-ordinate Bench of this Court in a similar matter in W.P. No.25610 of 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 weeks from the date of receipt of a copy of the order.

5. Learned counsel appearing for the respondents 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 1st respondent to consider the petitioners' representations dated 06.08.2025 and 07.08.2025 respectively and to pay interest at the rate of 6% p.a. for the belated payment of retirement benefits to the petitioners, within a period of eight 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.

07.10.2025 Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennaimalai Road, Erode - 638 001.

A.D. JAGADISH CHANDIRA, J.

vsi2

3. The Administrator,

Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

07.10.2025 (1⁄2)