A.Annamalai FC5375 Vs Tamil Nadu State Transport

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of 646 days in paying the petitioner PF, Gratuity and Earned Leave with interest at the rate of 12% within a specified time, as may be fixed by this Court.

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O R D E R

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By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

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The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondent to pay the petitioner interest for the belated payment of 646 days in paying the petitioner PF, Gratuity and Earned Leave with interest at the rate of 12% within a specified time, as may be fixed by this Court.

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Heard the learned counsel for both sides and perused the materials

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available on record.

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The learned counsel for the petitioner would submit that the petitioner has joined in the services of the Respondent-Transport Corporation as Conductor on 19.01.1990 and after rendering 33 years of service, he voluntarily retired from service on 27.06.2023 as Checking Inspector. The learned counsel for the petitioner would submit that though the petitioner

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voluntarily retired from service on 27.06.2023, the respondent settled his terminal benefits only on 16.04.2025, with a delay of 646 days. However, no interest was paid for the above period. In this connection, the petitioner has sent a representation on 10.05.2025 to the respondent and such representation is yet to be considered by the respondent. Therefore, the present Writ Petition has been filed.

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The learned Standing Counsel appearing for the respondent would fairly submit that in view of the similar orders passed by this Court in W.P.Nos. 40031, 33742 and 35806 of 2024, they are willing to pay the interest at the rate of 6% per annum for the belated payment of the eligible and admissible amount.

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In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondent to pay the interest at the rate of 6% per annum upon the delayed payment of retirement benefits, from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioner, within a period of eight weeks from the date of receipt of copy of this order.

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