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Madras High CourtWP/37463/2025disposed of

Kamaraj K Sr 2046 v. The Managing Director

2025-10-08Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA K.Kamaraj ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement 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 pay the interest to the petitioner at the rate of 8% per annum for the belated payment of retirement benefits for the period from 30.06.2018 to 19.09.2019 i.e., 447 days on Provident Fund, Gratuity, Leave Amount, commuted Pension and other retirement benefits, within a specified time. For Petitioner : M/s.Yash Rathi.R For Respondents : Ms.S.Pavithra, Standing Counsel 1/6

ORDER

Aggrieved by the belated payment of Provident Fund, Gratuity, Leave Amount, commuted Pension and other retirement benefits, the petitioner has come up with this writ petition seeking interest, for the said delay caused on the part of the respondents.

2. Ms.S.Pavithra, 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 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 2/6

the petitioner therein within a period of six (6) weeks from the date of receipt of a copy of this 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 respondent to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits such as Provident Fund, Gratuity, Leave Amount, commuted Pension and other retirement benefits 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.

08.10.2025 vum Index : Yes/No Speaking order : Yes/No 4/6

To:

1. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd., Villupuram Region, No.3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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A.D.JAGADISH CHANDIRA,J., vum 08.10.2025 (6/7) 6/6