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Madras High CourtWP(MD)/17330/2025dismissed

M.S. Gunaseelan v. The Management Of

2025-06-26Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.S.Gunaseelan ... Petitioner -vs1.The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Nagercoil Region, Rep. by its General Manager, Nagercoil.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18 percentage per annum, for the period of delay from for the period of delay from 01.07.23 to 15.04.25, in paying the amounts paid towards his terminal benefits namely Encashment of Leaves and for the period of delay from 01.07.23 to 16.04.25, in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution and Gratuity within a time frame. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to pay the petitioner interest at the rate of 18 percentage per annum, for the period of delay from for the period of delay from 01.07.23 to 15.04.25, in paying the amounts paid towards his terminal benefits namely Encashment of Leaves and for the period of delay from 01.07.23 to 16.04.25, in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution and Gratuity within a time frame.

2. The petitioner was appointed as a Conductor in the respondent Corporation on 16.07.1991 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.

3. 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.

4. 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.

5. 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.

There shall be no order as to costs.

NCC : Yes / No 26.06.2025 Index : Yes / No 10/10 PKN

To:- 1.The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Nagercoil Region, Rep. by its General Manager, Nagercoil.

VIVEK KUMAR SINGH , J.

PKN 26.06.2025 10/10