G.Vijayakumar v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15822 of 2025 G.Vijayakumar : Petitioner Vs.

1. The General Manager, Tamilnadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil, Kanyakumari District.

2. The Administrator, Tamilnadu State Transport Corporation Employees Pension Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

: 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 the 6 percent interest for the belated payment of the petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L and M.L Salary, Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner and pay the same to the petitioner within the timeframe to be fix by this Court.

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For Petitioner : Mr.N.S.Ramakrishnan Dass For Respondents : Mr.D.Jebaraj (R1) Mr.S.C.Herold Singh (R2)

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents to pay the 6 % interest for the belated payment of the petitioner retirement benefits i.e., Provident Fund, Gratuity, E.L and M.L Salary, Surrender Leave Salary and all other retirement benefits from the date of retirement to the actual date of payment of retirement benefits to the petitioner and pay the same to the petitioner.

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 Special Grade Driver (Apprentice) in the respondent Corporation and he retired from service on 31.05.2023. The learned counsel for the petitioner submits that the 2/6

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.

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, 3/6

within a period of three months from the date of receipt of a copy of this order. No costs.

17.06.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The General Manager, Tamilnadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil, Kanyakumari District.

2. The Administrator, Tamilnadu State Transport Corporation Employees Pension Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

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VIVEK KUMAR SINGH, J.

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