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Madras High CourtWP(MD)/15614/2025disposed of

Saral M v. The Management Of Tamilnadu State Transport Corporation (Thirunelveli) Limited

2025-06-16Honourable Mr.Justice Vivek Kumar Singh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15614 of 2025 M.Saral : Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Region, Rep. by its General Manager Thirunelveli.

: 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 period of delay from 01.05.2023 to 12.02.2025 in paying the amounts paid towards his terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Leave of her deceased husband/retired employees (Late) V.Madasamy, Staff No.7308, within a time frame. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.D.Jebaraj Standing Counsel 1/8

O R D E R

This Writ Petition has been filed seeking a writ of mandamus directing the respondent to pay interest at the rate of 6 percent per annum, for the period of delay from 01.05.2023 to 12.02.2025 in paying the amounts paid towards the terminal benefits namely EPF, Gratuity and Encashment of Leave of her deceased husband/Employee (Late) V.Madasamy, Staff No.7308, within a time frame.

2. Heard the learned counsel for the parties. 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 Conductor in the respondent Corporation on 18.09.1993 and he retired from service on 30.04.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

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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.

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 1/2 Internet : Yes / No PKN 3/8

To 1.The Managing Director Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Region, Rep. by its General Manager Thirunelveli.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.15614 of 2025 16.06.2025 2/2 5/8

VIVEK KUMAR SINGH , J.

This Writ Petition is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submits that the wife of the deceased employee of the Transport Corporation has filed the present Writ Petition, seeking a direction to the respondent to pay interest at the rate of 6% per annum on the amounts due towards the terminal benefits of her deceased husband, who passed away on 07.08.2024. By order dated 16.06.2025, this Court disposed of the Writ Petition, directing the respondent to pay interest at the rate of 6% per annum on the belated payment of retirement benefits, from the date of retirement, till the actual date of disbursement, within a period of three months from the receipt of a copy of the said order. However, the third paragraph of the order dated 16.06.2025 erroneously states that "the petitioner was appointed as a Conductor in the respondent Corporation."

3. Considering the above submissions, the Registry is directed to substitute the third paragraph of the order dated 16.06.2025 with the 6/8

following text and issue a fresh copy of the corrected order forthwith: "The petitioner's husband was appointed as a Conductor in the respondent Corporation on 18.09.1993 and he retired from service on 30.04.2023. He subsequently passed away on 07.08.2024. The learned counsel for the petitioner submits that the terminal benefits of her husband were not settled immediately and there is an abnormal delay."

4. In all other aspects, the order dated 16.06.2025, passed in W.P.(MD)No.15614 of 2025, remains unaltered.

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VIVEK KUMAR SINGH , J.

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