← Library
Madras High CourtWP/38874/2025disposed of

K.Gopalakrishnan v. The Managing Director

2025-10-17Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.K.Gopalakrishnan 2.T.Kulandaivelan 3.K.Thangavel 4.T.R.Ravichandran 5.T.Krishnamorthy 6.T.Sakthivel 7.K.Anbazhagan 8.M Sivasubramaniyan 9.D.Ravi 1/8

10.S.Ramesh 11.K. Anbazhagan 12.P.Kumar 13.P.Venkadesan 14.Tamilmani 15.A.Ramalingam 16.T.Gnanasekaran 17.J.Kaliyapurmal 18.R.Gunasekaran, 19.S.Bakthavatchalam

...Petitioners

Vs.

1.The Managing Director Tamilnadu State Transport Corporation, Villupuram Limted, 2/8

No. 3/137, Salamedu Vazatha Reddy, Villupuram 605 602.

2.The Administrator Tamilnadu State Transport Corporation Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai 600 002.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest of 12 percentage to the petitioners for belated payment of Gratuity, Leave Salary, Provident Fund and Commutation of Pension Amounts and 10 days earned salary with effect from 21.06.2023 to 30.06.2023, 21.07.2023 to 31.07.2023 21.01.2024 to 31.01.2024, 21.02.2024 to 29.02.2024, 21.03.2024 to 31.03.2024, 21.04.2024 to 30.04.2024, within a time framed.

For Petitioner :

Mr.S.Sakthivel For Respondent 1:

Ms. S.Pavithra Standing Counsel For Respondent 2:

Mr. C.S.K.Sathish Standing Counsel.

3/8

ORDER

Aggrieved by the belated payment of terminal benefits such as Gratuity, Leave salary, Commutation of pension amount and Provident Fund, the petitioners have come up with this writ petition seeking interest at the rate of 12% per annum, for the said delay caused on the part of the respondents.

2. Ms. S.Pavithra, learned Standing Counsel takes notice on behalf of the 1st respondent. Mr. C.S.K.Sathish, learned Standing Counsel takes notice on behalf of the 2nd respondent. 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.

3. 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 Co-ordinate 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 4/8

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.

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

5. 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 5/8

realisation."

6. 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 respondents to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits such as, Gratuity, Leave salary, Commutation of pension amount and Provident Fund, to the petitioners 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. 17.10.2025 kan Index : Yes/No Speaking order : Yes/No NCC : Yes/No 6/8

To:

1.The Managing Director Tamilnadu State Transport Corporation, Villupuram Limted, No. 3/137, Salamedu Vazatha Reddy, Villupuram 605 602.

2.The Administrator Tamilnadu State Transport Corporation Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai 600 002.

7/8

A.D.JAGADISH CHANDIRA, J.

kan W.P.No. 38874 of 2025 17.10.2025 8/8