K.Sikkandar Badusha v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11601 of 2025 K.Sikkandar Badusha ...Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Kmb) Limited, New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (Kmb) Limited, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a Writ of Mandamus, directing the respondents to settle petitioner surrender leave salary for 135 days in respect of the years 2011-2023 together with interest at the rate of

18% per annum payable from the date for retirement to till the date of actual payment.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

This Writ Petition has been filed seeking Writ of Mandamus, directing the respondents to settle petitioner surrender leave salary for 135 days in respect of the years 2011-2023 together with interest at the rate of 18% per annum payable from the date of retirement till the date of actual payment.

2. The petitioner was appointed as Conductor in the respondent Corporation on 12.12.1995 and he retired from service on 31.03.2023. 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.

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.

6. There shall be no order as to costs.

24.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No pnn To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kmb) Limited, New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (Kmb) Limited, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

BATTU DEVANAND , J.

pnn W.P.(MD)No.11601 of 2025 24.04.2025