K.Nelson 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.15715 of 2025 K.Nelson : Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Limited, Thirunelveli Division, KTC Nagar, Thirunelveli - 627 011.

2. The General Manager, Tamil Nadu State Transport Corporation Limited, Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District - 629 001.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to pay 6 percent interest for the belated payment of Terminal Benefits such as P.F. , Gratuity and Leave Salary, Payable to the petitioner the petitioner from the date of his retirement (VRS) i.e. on 30.06.2023 till the date of actual payment made to him i.e.16.04.2025.

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.D.Jebaraj 1/4

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents to pay 6 percent interest for the belated payment of Terminal Benefits such as P.F. , Gratuity and Leave Salary, Payable to the petitioner the petitioner from the date of his retirement (VRS) i.e. on 30.06.2023 till the date of actual payment made to him i.e. 16.04.2025.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondents. 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 01.09.1992 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 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.

5. This Court in W.P(MD)No.4866 of 2023 (C.Murugan Vs. 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 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. No costs.

16.06.2025 Index : Yes / No NCC : Yes / No Sm 3/4

VIVEK KUMAR SINGH, J.

Sm To

1. The Managing Director, Tamil Nadu State Transport Corporation Limited, Thirunelveli Division, KTC Nagar, Thirunelveli - 627 011.

2. The General Manager, Tamil Nadu State Transport Corporation Limited, Nagercoil Region, Rani Thottam, Nagercoil, Kanyakumari District - 629 001.

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