D.Alwin Kennedy v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16662 of 2025 D.Alwin Kennedy : Petitioner Vs.

1. The Tamilnadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Pudukottai Region, Pudukottai.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest at the rate of 6 percent per annum for the belated payment of petitioners terminal benefits including provident fund, Gratuity and Terminal Leave Salary from the date of petitioner retirement i.e. from 30.06.2023 to 16.04.2025 the dated on which the said benefits were settle to him.

For Petitioner : Mr. A.Rahul For Respondents : Mr.K.Ramaiah, Standing Counsel 1/5

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 to the petitioner for the period of delay from 30.06.2023 to 16.04.2025 in paying the amounts paid towards his terminal benefits including provident fund, Gratuity and Terminal Leave Salary, 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 Driver in the respondent Corporation on 01.11.1988 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.

20.06.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Tamilnadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Pudukottai Region, Pudukottai.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16662 of 2025 20.06.2025 5/5