N.Nagarathinam v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15647 of 2025 N.Nagarathinam : Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (Thirunelveli) Limited, 23/2, Kattaboman Nagar, Thirunelveli - 627 011.

: Respondent 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 and Leave Salary from the date of the petitioner's retirement to the date of actual payment within a time frame.

For Petitioner : Ms.D.Ramya For Respondent : Mr.K.Ramaiah Standing Counsel

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% 1/4

per annum for the belated payment of gratuity, Provident Fund and Leave Salary 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 respondent. 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 a Driver in the respondent Corporation on 11.11.1997 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. 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. 2/4

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.

16.06.2025 Index : Yes / No 5/5 Internet : Yes / No PKN To 1.The Managing Director Tamil Nadu State Transport Corporation (Thirunelveli) Limited, 23/2, Kattaboman Nagar, Thirunelveli - 627 011.

3/4

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.15647 of 2025 16.06.2025 5/5 4/4