Madras High Court
M.M.Duraisamy vs The Managing Director on 6 October, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
WP No. 36352 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
WP No. 36352 of 2025
M.M.Duraisamy
Petitioner(s)
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Limited,
3/137, Salamedu,
Valudhareddy Post,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation (VPM) Limited,
Kancheepuram regional Office,
Ponnerikarai, Chennai – Bengaluru Highway,
Kancheepuram – 631 552.
3.The Administrator
Tamil Nadu State Transport Corporation Employees Pension Fund Trust
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002.
Respondent(s)
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WP No. 36352 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to pay interest
amounts to the petitioner for the belatedly paid Service Gratuity, Provident
Fund, Leave Salary and Commutation of Pension at the rate of 6% per annum
for 18 months of delayed payment in the light of the judgment passed by this
Court on 23.10.2024 in W.P.No.30766 of 2024.
For Petitioner(s): Mr.N.Ishak
For Respondent(s): Ms.S.Pavithra
Standing Counsel
ORDER
Aggrieved by the belated payment of Provident Fund, Gratuity, Pension
commutation and Earned Leave amount, the petitioner has come up with this
Writ petition seeking interest at the rate of 6% per annum, for the said delay
caused on the part of the respondents.
2. Ms.S.Pavithra, learned Standing Counsel takes notice on behalf of the
respondents. In view of the consent expressed by the learned counsel on either
side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. When the matter is taken up for hearing, the learned counsel for the
petitioner brought to the notice of this Court the order passed by the Co-ordinate
Bench of this Court in a similar matter in W.P.No.25610 of 2024 dated
03.09.2024, wherein this Court had directed the respondent to pay interest at the
rate of 6% p.a. for the belated payment of terminal benefits to the petitioner
therein within a period of six (6) weeks from the date of receipt of a copy of the
order.
4. Learned counsel appearing for the respondents did not dispute the
above submission made by the learned counsel for the petitioner.
5. This Court perused the order passed in W.P.No.25610 of 2024,
wherein, this Court has held as under :-
“5. Taking into consideration the facts and circumstances of
the case and the grievance expressed by the petitioner, there shall
be a direction to the respondent to pay interest at the rate of 6%
p.a. for the belated payment of terminal benefits to the petitioner
within a period of six (6) weeks from the date of receipt of a copy
of this order. It is made clear that if the amount is not paid within
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the time frame fixed by this Court, it will fetch interest at the rate
of 12% p.a. from the date on which the amount became due and
payable till the date of actual realisation.”
6. The aforesaid decision is squarely applicable to the facts of the present
case. Accordingly, applying the ratio laid down in the above case, this Writ
petition stands disposed of with a direction to the respondents to pay interest at
the rate of 6% p.a. for the belated payment of terminal benefits such as,
Provident Fund, Gratuity, Pension commutation and Earned Leave amount to
the petitioner within a period of twelve (12) weeks 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 interest at the rate of 9% p.a. from the
date on which the amount became due and payable till the date of actual
realisation. There shall be no order as to costs.
06-10-2025
kkn
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1.The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Limited,
3/137, Salamedu,
Valudhareddy Post,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation (VPM) Limited,
Kancheepuram regional Office,
Ponnerikarai, Chennai – Bengaluru Highway,
Kancheepuram – 631 552.
3.The Administrator
Tamil Nadu State Transport Corporation Employees Pension Fund Trust
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002.
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A.D.JAGADISH CHANDIRA, J.
KKN
06-10-2025
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