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Madras High CourtWP(MD)/15179/2025disposed of

Subbian V v. The Managing Director

2025-06-04Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15179 of 2025 V.Subbian : Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (MDU) Limited, Byepass Road, Madurai - 625 010.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay interest at the rate of 6 percent per annum to the petitioner for the belated payment of Gratuity, Provident Fund, Leave Salary and Pension Commutation from the date of the petitioner's retirement to the date of actual payment.

For Petitioner : Ms.D.Ramya For Respondent : Mr.S.Raja Standing Counsel 1/5

O R D E R

This Writ Petition has been filed seeking a writ of mandamus directing the respondent to settle the interest at the rate of 6% per annum for the belated payment of gratuity, Provident Fund, Leave Salary and Pension Commutation from the date of the petitioner's retirement to till the date on which the said benefits were settled to him.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondents 1 and

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner was appointed as Conductor in the respondent Corporation on 01.04.1999 and he retired from service on 30.06.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

4. 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. 2/5

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.

5. 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.

6. 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. No costs.

04.06.2025 Index : Yes / No 3/5 Internet : Yes / No PKN 3/5

To 1.The Managing Director Tamil Nadu State Transport Corporation (MDU) Limited, Byepass Road, Madurai - 625 010.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

4/5

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.15179 of 2025 04.06.2025 3/5 5/5