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2025 DAILYLAW 223535 (MAD)

P.SAKTHIVEL STAFF NO.J01996 v. THE MANAGING DIRECTOR

WP/40583/2025 · 2025-10-29

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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W.P.No.40583 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.40583 of 2025 1.P.Sakthivel 2.R.Krishnasamy 3.R.Maheswaran 4.N.Lohanathan 5.S.Sahul Ameedhu ... Petitioners Vs. 1.The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Roa, Coimbatore-43. 2.The General Manager, Tamil Nadu State Transport Corporation Ltd. Erode Region, Chennimalai Road, Erode-638 001. 3.The Administrator Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai-2. ... Respondents https://www.mhc.tn.gov.in/judis W.P.No.40583 of 2025 Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to pay interest for the belated payment of Provident Fund, gratuity, encashment of Earned Leave, Surrender Leave, Commuted Value of Pension at the rate of 12 percent per annum, within a specified time as may be fixed by this Honourable Court. For Petitioner : Mr.N.Senthil Kumar For Respondent : Mr.M.Murali Vinoth Standing Counsel for R.1 & R.2. ORDER This Writ Petition has been filed for direction directing the respondents to pay appropriate interest to the petitionera for the delayed sanction and disbursement of retirement benefits. 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. In identical issues, this Court has passed various orders, justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD) No.26481 of 2019, the following https://www.mhc.tn.gov.in/judis W.P.No.40583 of 2025 order came to be passed :- “5. I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee. 6. In the light of the above observations, there shall be a direction to the respondent / Corporation to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement, till the date of the actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order. 4. This Court is of the view that the respondents could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above writ petition. https://www.mhc.tn.gov.in/judis W.P.No.40583 of 2025 5. In the light of the above findings, there shall be a direction to the respondents to pay the interest on the belated payment of the terminal benefits to the petitioners at the rate of 6% per annum, commencing from the date of the retirement, till the date of actual disbursement, within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition is disposed of. No costs. 29.10.2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis W.P.No.40583 of 2025 To 1.The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Roa, Coimbatore-43. 2.The General Manager, Tamil Nadu State Transport Corporation Ltd. Erode Region, Chennimalai Road, Erode-638 001. 3.The Administrator Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai-2. https://www.mhc.tn.gov.in/judis W.P.No.40583 of 2025 G.K.ILANTHIRAIYAN, J. shr W.P.No.40583 of 2025 29.10.2025 (1/2) https://www.mhc.tn.gov.in/judis