Madras High CourtWP(MD)/12975/2025allowed

Thirumalaisamy R v. The Managing Director

2025-04-30Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.12975 of 2025 R.Thirumalaisamy ...Petitioner Vs.

1. The Managing Director, TamilNadu State Transport Corporation (Kovai) Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

2. The General Manager, TamilNadu State Transport Corporation (Kovai) Ltd., Coimbatore Region, Mettupalayam Road, Coimbatore-641 043. ...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 the interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Provident Fund, Earned Leave Salary and Dearness Allowance from the date of the petitioner's retirement to till the date on which the said benefits were settled to him. 1/4

For Petitioner : Mr.S.Prasanth 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 respondents to settle the interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Provident Fund, Earned Leave Salary and Dearness Allowance from the date of the petitioner's retirement to till the date on which the said benefits were settled to him.

2. The petitioner was appointed as Conductor in the respondent Corporation on 11.11.1992 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 2/4

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 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.

30.04.2025 1/3 Index : Yes / No Internet : Yes / No NCC : Yes / No gvn 3/4

BATTU DEVANAND, J.

gvn To,

1. The Managing Director, TamilNadu State Transport Corporation (Kovai) Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

2. The General Manager, TamilNadu State Transport Corporation (Kovai) Ltd., Coimbatore Region, Mettupalayam Road, Coimbatore-641 043.

W.P.(MD)No.12975 of 2025 30.04.2025 1/3 4/4