R.Ramesh v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.17784 of 2025 R.Ramesh : Petitioner Vs.

The Management of Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Rep. by its General Director, Trichy.

: Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to pay the petitioner interest at the rate of 18 percent per annum, for the period of delay from 01.07.23 to 15.04.25 in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution and Encashment of leaves and the period of delay from 01.07.23 to 16.04.25 in paying the amounts paid towards his terminal benefits namely Gratuity within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah 1/4

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondent to pay the petitioner interest at the rate of 18 percent per annum, for the period of delay from 01.07.23 to 15.04.25 in paying the amounts paid towards his terminal benefits namely EPF Employees Contribution and Encashment of leaves and the period of delay from 01.07.23 to 16.04.25 in paying the amounts paid towards his terminal benefits namely Gratuity within a time frame as may be fixed by this Honble Court and without affecting his right to claim balance amounts towards those benefits.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondent. 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 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. 2/4

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 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.

02.07.2025 Index : Yes / No (8/8) NCC : Yes / No Sm 3/4

VIVEK KUMAR SINGH, J.

Sm To:-

1. The Management of Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Rep. by its General Director, Trichy.

W.P.(MD) No.17784 of 2025 (8/8) 02.07.2025 4/4