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2025 DAILYLAW 100876 (MAD)

S.PRABHAKAR v. THE MANAGING DIRECTOR METROPOLITAN TRANSPORT CORPORATION

WP/34900/2025 · 2025-09-17

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.34900 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.09.2025 CORAM: THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.No.34900 of 2025 S.Prabhakar ...Petitioner Vs. 1. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai – 600 002. 2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvarn Illam, Pallavan Salai, Chenai – 2. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the interest for the belated payment of retirement benefits such as Gratuity, Earned Leave, Commutation of Pension, Provident fund and other retirement benefits payable to the petitioner with 6% rate of interest within the time frame that may be stipulated by this Hon'ble Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.34900 of 2025 For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.A.Vinothraj, Standing Counsel ORDER Aggrieved by the belated payment of terminal benefits such as, Gratuity, Earned Leave, Commutation of Pension, Provident fund and other retirement benefits, the petitioner has come up with this Writ petition seeking interest at the rate of 6% per annum, for the said delay caused on the part of the respondents. 2. Mr.A.Vinothraj, learned Standing Counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself. 3. When the matter is taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court the order passed by the Co- ordinate Bench of this Court in a similar matter in W.P.No.25610 of 2024 2/6 https://www.mhc.tn.gov.in/judis W.P.No.34900 of 2025 dated 03.09.2024, wherein this Court had directed the respondent therein to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits to the petitioner therein within a period of six (6) weeks from the date of receipt of a copy of the order. 4. Learned counsel appearing on behalf of the respondents did not dispute the above submission made by the learned counsel for the petitioner. 5. This Court perused the order passed in W.P.No.25610 of 2024, wherein, this Court has held as under :- “5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondent to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% p.a. from the date on which the amount became due and payable till the date of actual realisation.” 3/6 https://www.mhc.tn.gov.in/judis W.P.No.34900 of 2025 6. The aforesaid decision is squarely applicable to the facts of the present case. Accordingly, applying the ratio laid down in the above case, this Writ petition stands disposed of with a direction to the respondents to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits such as, Gratuity, Earned Leave, Commutation of Pension, Provident fund and other retirement benefits, to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that, if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 9% p.a. from the date on which the amount became due and payable till the date of actual realisation. There shall be no order as to costs. 17.09.2025 (4/7) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.34900 of 2025 To: 1. The Managing Director, Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai – 600 002. 2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvarn Illam, Pallavan Salai, Chenai – 2. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.34900 of 2025 A.D.JAGADISH CHANDIRA, J. skt W.P.No.34900 of 2025 (4/7) 17.09.2025 6/6 https://www.mhc.tn.gov.in/judis