Udhayashankari v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA Udhayashankari ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore 641 043

2. The Administrator, TNSTC Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai 600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents herein to pay interest for the delayed payments made to the petitioner in respect of Gratuity, Leave Surrender, Provident fund and Earned leave. For petitioner : Mr.D. Anand Raja 1/6

For respondents : Mr.C.Gowthamaraj Standing Counsel.

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ORDER

This writ petition has been filed seeking for a direction to the respondents to pay interest for the delayed payments made to the petitioner in respect of Gratuity, Leave Surrender, Provident Fund and Earned Leave.

2. Mr.C. Gouthamaraj, 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 petitioner submitted that the petitioner submitted various representations as well applications under the RTI Act, seeking for payment of interest for the delayed payments made to the petitioner in respect of Gratuity, Leave Surrender, 2/6

Provident Fund and Earned Leave. Further, he 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 Standing Counsel appearing for the respondents did not dispute the above submission made by the learned counsel for the petitioner. However, he submitted that as on date, the petitioner has not sent any representation seeking interest on belated payment of retirement benefits and in the event of the petitioner submitting a representation, it will be duly considered.

6. This Court perused the order passed in W.P. No.25610 of 2024, wherein, this Court has held as under :- 3/6

"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, considering the submission made by the learned Standing Counsel that the petitioner has not submitted any representation as on date and also applying the ratio laid down in the above case, this writ petition stands disposed of with liberty to the petitioner to submit a representation seeking interest on belated payment on terminal benefits, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, within a period of twelve weeks, the respondents shall consider the same and pay interest interest at the rate of 6% p.a. for the belated payment of retirement 4/6

benefits to the petitioner. 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.

09.10.2025 Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Managing Director, Tamil Nadu State Transport Corporation, 37, Mettupalayam Road, Coimbatore 641 043.

A.D. JAGADISH CHANDIRA, J.

5/6

vsi2

2. The Administrator, TNSTC Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai 600 002.

09.10.2025 6/6