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2025 DAILYLAW 129449 (MAD)

Sivakumar R v. The Managing Director

WP(MD)/8390/2025 · 2025-03-26

Battu Devanand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.8390 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025 CORAM THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.8390 of 2025 R.Sivakumar ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 641043. 2.The General Manager, Tamil Nadu State Transport Corporation(Kovai) Ltd., Erode Region, Chennaimalai Road, Erode-11. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle the interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Provident Fund, Earn Leave Salary and Old Earn Leave Salary from the date of the petitioner's retirement to till the date on which the said benefits were settled to him within the time frame fixed by this Court. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8390 of 2025 For Petitioner : Mr.S.Prasanth For Respondents : Mr.K.Ramaiah Standing Counsel O R D E R This Writ Petition has been filed seeking a writ of mandamus directing the respondents to settle the interest at the rate of 6% per annum for the belated payment of petitioner's terminal benefits including Gratuity, Provident Fund, Earn Leave Salary and Old Earn Leave Salary from the date of the petitioner's retirement to till the date on which the said benefits were settled to him 2. The petitioner was appointed as Junior Tradesman in the respondent Corporation on 18.06.1987 and he retired from service on 31.05.2023. 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. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8390 of 2025 4. 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. 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 the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order. 6. No costs. 26.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8390 of 2025 To: 1.The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Ltd., No.37, Mettupalayam Road, Coimbatore - 641043. 2.The General Manager, Tamil Nadu State Transport Corporation(Kovai) Ltd., Erode Region, Chennaimalai Road, Erode-11. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8390 of 2025 BATTU DEVANAND , J. Sn W.P.(MD)No.8390 of 2025 26.03.2025 5/5 https://www.mhc.tn.gov.in/judis