J.Joseph Asirvatham v. The Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA J.Joseph Asirvatham ... Petitioner Vs.

The Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Road, Salem -636 007.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 6% per annum for the belated payment of (PF) Provident Fund and Gratuity and Earned Leave Salary with interest at the rate of 6% within a specified time limit.

For Petitioner : Mr.A.Ganesan For Respondent : Mr.K.Raja, Standing Counsel

ORDER

Aggrieved by the belated payment of Provident Fund and Gratuity and Earned Leave Salary, the petitioner has come up with this writ petition seeking interest, for the said delay caused on the part of the respondent.

2. Mr.K.Raja, learned Standing Counsel takes notice on behalf of the 1/4

respondent.

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 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 (6) weeks from the date of receipt of a copy of the order.

5. Learned Standing Counsel appearing for the respondent did not dispute the above submission made by the learned counsel for the petitioner. 2/4

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.

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 Provident Fund and Gratuity and Earned Leave Salary to the petitioner within a period of eight A.D.JAGADISH CHANDIRA,J., 3/4

vum

(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 To:

The Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Road, Salem -636 007.

4/4