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Madras High CourtWP(MD)/8555/2025allowed

William Arockiaraj B v. The Managing Director

2025-03-28Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND B.William Arockiaraj ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation Coimbatore Ltd., 37, Mettupalayam Salai, Coimbatore.

2.The General Manager, Tamilnadu State Transport Corporation Coimbatore Ltd., Erode Region, Erode - 632 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 18% per annum for the period from 31.05.2023 to 10.03.2025 in paying the amounts paid towards the petitioner's terminal and pension benefits namely Gratuity, EPF, Earn Leave Salary and Surrender Leave Salary within a time frame as may be fixed by this court.

For Petitioner : Mr.S.Sivasudhan For Respondents : Mr.K.Ramaiah Standing Counsel 1/4

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents to pay interest for the period from 31.05.2023 to 10.03.2025 in paying the amounts paid towards the petitioner's terminal and pension benefits namely Gratuity, EPF, Earn Leave Salary and Surrender Leave Salary within a time frame as may be fixed by this court.

2. The petitioner was appointed as Driver in the respondent Corporation on 30.05.1987 and he retired from service on 31.05.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

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5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

6. No costs.

28.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Managing Director, Tamilnadu State Transport Corporation Coimbatore Ltd., 37, Mettupalayam Salai, Coimbatore.

2.The General Manager, Tamilnadu State Transport Corporation Coimbatore Ltd., Erode Region, Erode - 632 009.

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BATTU DEVANAND , J.

Sn 28.03.2025 4/4