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Madras High CourtWP(MD)/3887/2026allowed

K.Sekar v. The Additional Chief Secretary To Government

2026-02-12Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Sekar ... Petitioner Vs 1.The Additional Chief Secretary to Government, Transport Department, Govt of Tamil Nadu, St.George Fort, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Nagapattinam Region, Nagapattinam.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

...Respondents

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PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directed the respondents 1 to 4 to disburse the entire terminal benefits of the Petitioner including Provident Fund, Gratuity, Earned Leave Salary and Commuted Value of pension together with interest at the rate of 12 percent per annum payable from the date of his retirement i.e. 31.03.2025 to till the date of payment of his terminal benefits. For Petitioner : Mr.A.Rahul For R1 : Mr.C.Venkatesh Kumar Special Government Pleader For R2 to R4 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The petitioner, who served as a Special Grade Conductor in the respondent Transport Corporation retired from service on 31.03.2025. The petitioner with a grievance that his retirement benefits have not been settled to him so far, has approached this Court, by way of this writ petition.

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2.The learned counsel appearing for the petitioner submits that the petitioner is suffering from several ailments and he has to take care of his aged parents. Since the retirement benefits have not yet been settled to him, he is not in a position to take proper treatment. Moreover, he was expecting the retirement benefits for the past one year and has also arranged the marriage for his son in the month of February 2026 and the same was also informed to the Transport Corporation with a request to provide atleast part amount, enabling him to proceed with the marriage. Even this request has not been considered by the respondent Corporation and therefore, this petitioner is constrained to file this writ petition. 3.Mr.C.Venkatesh Kumar, learned Special Government Pleader takes notice for the first respondent. Mr. S.C.Herold Singh, learned Standing Counsel takes notice for the respondents 2 to 4 and submits that the respondent Corporation is facing some financial difficulties and therefore, they are settling the retirement benefits of 3/8

the employees on seniority. He further submits that considering the financial condition of the Transport Corporation, the Government has allotted funds by issuing Government orders and as such, the Government has issued 860 Crores in the month of November 2025, vide G.O.(Ms) No.158, Transport Department dated 24.11.2025. With this amount, they have settled the retirement benefits upto July 2024. They are expecting for additional funds from the Government of Tamil Nadu and depending upon the funds to be sanctioned, they would provide the retirement benefits due to this petitioner and others, who retired after July 2024.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5. The petitioner has served as a Special Grade Conductor for more than 26 years in the Transport Corporation. He retired from service on 31.03.2025, however, his retirement benefits have not been settled to him till now. The petitioner claims that he 4/8

has to take care of his aged parents as they are suffering from certain ailments and he is not in a position to take care of them, by providing proper medical assistance, for want of money. He claimed that due to his age, he is also facing several health issues. He also claimed that he has postponed the marriage of his son for the past one year anticipating his retirement benefits and he has finally fixed the marriage on 15.02.2026 and the same was communicated to the respondent Corporation, by expressing his financial difficulty in performing the marriage, without the retirement benefits. Even then, the respondents have not considered his request. 6.The retirement benefit is not a bounty and it needs to be settled to the retired employee by the Management, without any delay.

Considering the delay caused in disbursing the retirement benefits, the Honourable Supreme Court has also taken cognizance of the issue and passed an order that the retirement benefits, if any paid belatedly must be paid with interest. However, the Honourable Supreme Court has restricted the rate of interest at 6%.

advantage of the same, the Managements and the Government have not settled the retirement benefits even after one year from the date of retirement. Here, in the present case on hand, the petitioner has expressed certain grievances that his parents are aged and he has postponed the marriage of his son for want of money. Granting interest alone would not cure the difficulties faced by the employees. The Department should realize and act accordingly.

7. In view of the above, this writ petition is allowed with a direction to the respondents to disburse the retirement benefits due to this petitioner within a period of two months from the date of receipt of a copy of this order together with interest at the rate of 6% for the belated period. No costs.

12.02.2026 Index:Yes Internet:Yes vrn 6/8

To 1.The Additional Chief Secretary to Government, Transport Department, Govt of Tamil Nadu, St.George Fort, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Nagapattinam Region, Nagapattinam.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

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B.PUGALENDHI, J.

vrn Order made in 12.02.2026 8/8