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2025 DAILYLAW 84082 (MAD)

S. RADHAKRISHNAN (PR NO.016239) v. TAMIL NADU STATE TRANSPORT CORPORATION

WP/29833/2025 · 2025-08-11

P T Asha

Transfer Petitionbody2025

Judgment text

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WP No. 29833 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-08-2025 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA WP No. 29833 of 2025 S. Radhakrishnan (PR No.016239) S/o. Santhanam, 4/517, K.G. Nagar, Udumalai, Thiruppur -642 126 Petitioner(s) Vs 1. Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. By Its Managing Director, No.37, Mettupalayam Road, Coimbatore -43. 2. The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Rep. By Its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai-2 Respondent(s) PRAYER: directing the respondents to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme a sum of Rs.4,500/- towards the IRT Contributions, to pay the petitioner a sum of Rs.35,609/- the amount payable under the balance amount in the dearness allowance together with interest at the rate of 12% per annum and to pay the interest at the rate of 12% per annum for the belated payment of Rs.13,20,600/- towards Gratuity, to pay the interest for the belated payment of Rs.7,03,632/- towards Earned leave surrendered leave, to pay the petitioner interest for the belated payment of Rs.19,17,618/- towards PF within a specified time frame. https://www.mhc.tn.gov.in/judis WP No. 29833 of 2025 For Petitioner(s): R.Krishnaswamy For R1 and R2: Mr.K.Raja, Standing Counsel ORDER The writ petition is filed for the below relief: "directing the respondents to pay the petitioner a sum of Rs.4,500/- towards the IRT Contributions, to pay the petitioner a sum of Rs.35,609/- the amount payable under the balance amount in the dearness allowance together with interest at the rate of 12% per annum and to pay the interest at the rate of 12% per annum for the belated payment of Rs.13,20,600/- towards Gratuity, to pay the petitioner interest for the belated payment of Rs.7,03,632/- towards Earned leave surrendered leave, to pay the petitioner interest for the belated payment of RS.19,17,618/- towards PF within a specified time frame." 2. The brief facts which are culminated in the filing of this writ petition are set out below: 2.1. It is the case of the petitioner that he joined the service of the 1 st Respondent Corporation as a Driver on 19.09.1992. He attained the age of superannuation on 30.06.2023. Though the petitioner retired on 30.06.2023, the retirement benefits had been settled only after a delay of 22 months. However, https://www.mhc.tn.gov.in/judis WP No. 29833 of 2025 the Respondent had not paid the interest for the belated payment of PF and Earned leave salary. Similarly, the payments under Family Benefit fund, Post retirement Benefit Fund Scheme, 1992 and IRT contributions also not been settled by the Respondent. The amount towards Gratuity, PF and the Earned leave/ Medical leave salary were paid to the petitioner only based on the pre revised pay and not based on the revised pay. The petitioner had made a representation to the 1 st Respondent on 27.06.2025 and the same was not considered by the Respondent to date. Therefore, the petitioner is before this Court. 3. Heard the learned Counsels on either side and perused the records. 4. Considering the facts and circumstances of the case and the submissions of both side counsels, a mandamus is therefore issued to the Respondent to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. The payment shall be made within a period of two months 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 an interest at the rate https://www.mhc.tn.gov.in/judis WP No. 29833 of 2025 of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement. 5. With the above directions, the Writ Petition stands Allowed. No costs. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. By Its Managing Director, No.37, Mettupalayam Road, Coimbatore -43. 2.The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Rep. By Its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai-2 https://www.mhc.tn.gov.in/judis WP No. 29833 of 2025 P.T.ASHA J. shl WP No. 29833 of 2025 11-08-2025 https://www.mhc.tn.gov.in/judis