S.Sahayaraj v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11266 of 2025 S.Sahayaraj ...Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd, Thirunelveli Region, Rep. By its General Manager, Thirunelveli.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a writ of Mandamus directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.05.2023 to 11.02.2025, in paying the amounts paid towards the terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves/ Surrendered Earned Leaves.

For Petitioner : Mr.S.Arunachalam For Respondent : 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 respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.05.2023 to 11.02.2025, in paying the amounts paid towards the terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leaves/ Surrendered Earned Leaves.

2. The petitioner was appointed as Driver in the respondent Corporation on 29.09.1988 and he retired from service on 30.04.2023. 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.

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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.

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

The respondent 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 date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

There shall be no order as to costs.

22.04.2025 21/26 Index : Yes / No Internet : Yes / No NCC : Yes / No GVN 3/4

BATTU DEVANAND, J.

GVN To The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Ltd, Thirunelveli Region, Rep. By its General Manager, Thirunelveli.

W.P.(MD)No.11266 of 2025 22.04.2025 21/26 4/4