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Manimar P v. The Managing Director

Retirement benefits – Belated payment of Gratuity, Provident Fund and Leave Salary

Madras HC21 Apr 2025WP(MD)/10769/2025

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What is this about?

W.P.(MD)No.10769 of 2025 (Madurai Bench, Madras High Court, Battu Devanand J., 21.04.2025): interest at 6% per annum on belated payment of retirement/terminal benefits (Gratuity, Provident Fund, Leave Salary) of a retired Conductor of TNSTC (Tirunelveli) Ltd.; follows C.Murugan, W.P(MD)No.4866 of 2023 (order dated 07.03.2023); payment directed within three months.

What did the court decide?

Writ petition allowed by following the order in W.P(MD)No.4866 of 2023; respondent directed to pay interest at 6% per annum on the belated payment of retirement benefits from the date of retirement till actual disbursement, within three months of receipt of a copy of the order; no costs. ¶28

Manimar P Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.10769 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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W.P.(MD)No.10769 of 2025

P.Manimar

... Petitioner

Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 23/2, Kattaboman Nagar, Thirunelveli-627 011.

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... Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay interest at the rate of 6% per annum to him for the belated payment of Gratuity, Provident Fund and Leave Salary from the date of retirement to the date of actual payment within a time frame as may be fixed by this Court.

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For Petitioner : M/s.D.Ramya

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For Respondents : Mr.K.Ramaiah Standing Counsel

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10769 of 2025

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O R D E R

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This Writ Petition has been filed seeking a writ of mandamus directing the respondent to pay the 6% interest for the belated payment of the petitioner retirement benefits i.e., Gratuity, Provident Fund and Leave Salary from the date of retirement to the actual date of payment of retirement benefits to the petitioner.

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2. The petitioner was appointed as Conductor in the respondent Corporation and he retired from service on 31.05.2023. The learned counsel for

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the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

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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.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10769 of 2025

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4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil

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Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

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5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

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The respondent shall pay interest to the petitioner at the rate

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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.

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6. No costs.

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21.04.2025 1/6

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NCC:yes/no Index:yes/no Internet:yes/no gvn

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10769 of 2025