Madras High CourtWP(MD)/11336/2025allowed

P.David Raj v. The Managing Director

2025-04-23Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11336 of 2025 (*)P.David Raj

...Petitioner

Vs.

1.The Managing Director, 23/2, Thoothukudi Region, Kattabomman Nagar, Tirunelveli District - 627 007.

2.The General Manager, Nagercoil Region, Ranithottam, Kanyakumari 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 disburse interest at the rat of 6% for the belated payment of retirement benefits Gratuity, Provident Fund, Leave Salary and Commutation.

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

O R D E R

This Writ Petition has been filed seeking a writ of Mandamus, directing the 1/4

respondents to disburse interest at the rat of 6% for the belated payment of retirement benefits namely Gratuity, Provident Fund, Leave Salary and Commutation.

2. The petitioner was appointed as Junior Tradesman in the respondent Corporation on 01.01.1997 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.

5. Accordingly, by following the order stated supra, this Writ Petition is 2/4

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 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.

Sd/- 23.04..2025 (*)Amended as per order of this Court dated 18/08/2025 made in WMP(MD) No.

12214/2025 in WP(MD)No.11336 of 2025 Sd/- Assistant Registrar ( CS III ) // True Copy // /08/2025 Sub Assistant Registrar (CS- I/ II / III / IV) To:- (*)To be substituted to the order already despatched on 05/06/2025 1.The Managing Director, 23/2, Thoothukudi Region, Kattabomman Nagar, Tirunelveli District - 627 007.

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2.The General Manager, Nagercoil Region, Ranithottam, Kanyakumari District.

+1 CC to M/s.K.GOKUL, Advocate ( SR-26413[F] dated 23/04/2025 ) +1 CC to M/s.K.RAMAIAH, Advocate ( SR-26036[F] dated 23/04/2025 ) W.P.(MD)No.11336 of 2025 23.04.2025 TS (28/05/2025) 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

JJ/25.08.2025 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4