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Madras High Court

M.Haridass vs The Managing Director on 7 July, 2025

                                                                                       W.P.No.13394 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.07.2025

                                                         CORAM

                                  THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

                                               W.P.No.13394 of 2025


                  M.Haridass                                                               ... Petitioner

                                                              Vs.

                  1.The Managing Director,
                    Tamil Nadu State Transport
                       Corporation (Coimbatore) Ltd,
                    No.37, Mettupalayam Road,
                    Coimbatore – 641 043.


                  2.The Administrator,
                    Tamil Nadu State Transport Corporation
                        Employees Pension Fund Trust,
                    Thiruvalluvar House, Pallavan Salai,
                    Chennai – 600 002.                                                 ... Respondents



                            Writ Petition filed under Article 226 of the Constitution of India
                  praying to issue a Writ of Mandamus, to direct the respondents to settle the
                  terminal benefits on account of ECF and MCF and STERBS to the petitioner
                  with interest at 6% per annum and to pay interest at the rate of 6% per annum
                  for the delayed payment of Provident Fund, Gratuity, Earned leave salary and


                  1/7




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 31/07/2025 05:49:33 pm )
                                                                                         W.P.No.13394 of 2025



                  Earned leave Surrender and SSS Fund from the date of retirement to till the
                  date of payment made to the petitioner.



                                  For Petitioner                 : Mr.Varun Kumar

                                  For Respondents                : Mr.C.Gouthamaraj
                                                                   Standing Counsel


                                                         ORDER

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to settle the terminal benefits on account of ECF and MCF and STERBS to the petitioner with interest at 6% per annum and to pay interest at the rate of 6% per annum for the delayed payment of Provident Fund, Gratuity, Earned leave salary and Earned leave Surrender and SSS Fund from the date of retirement to till the date of payment made to the petitioner.

2. The case of the petitioner is that he was retired from service on 30.05.2012. However, the terminal benefits have been settled to him only on 29.11.2024, and no interest has been paid for the delayed period. In view of the same, the petitioner submitted representation dated 10.02.2025 to the 2/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm ) W.P.No.13394 of 2025 respondents seeking terminal benefits on account of ECF, MCF and STERBS with interest at 6% per annum and 6% interest for the delayed payment of Provident Fund, Gratuity, Earned leave salary and Earned leave surrender and SSS Fund. Since the same was not considered, the present writ petition has been filed.

3. The learned Standing Counsel for the respondents would fairly admits 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.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. In view of the above submission of the learned Standing Counsel for the respondents, this Court deems it appropriate to direct the respondents to pay the eligible and admissible amount with interest at the rate of 6% per annum for the belated payment of terminal benefits, from the date of 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm ) W.P.No.13394 of 2025 retirement till the date of actual disbursal of the terminal benefits of the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is disposed of with the above observations. No costs.

07.07.2025 jas Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No To

1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd, No.37, Mettupalayam Road, Coimbatore – 641 043.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm ) W.P.No.13394 of 2025 C.KUMARAPPAN, J.

jas W.P.No.13394 of 2025 07.07.2025 5/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm ) W.P.No.13394 of 2025 W.P.No.13394 of 2025 C.KUMARAPPAN, J.

Today this matter has been listed under the caption 'for being mentioned' at the instance of the learned Counsel for the petitioner.

2. Heard both sides.

3. Learned Counsel for the petitioner by referring paragraph no.2 of the final order dated 07.07.2025 in W.P.No.13394 of 2025, would submit that the date of retirement and the date of settlement of terminal benefits have been inadvertently wrongly typed as 30.05.2012 and 29.11.2024 respectively. He would further submit that the correct date of retirement is 31.05.2022 and the correct date of settlement of terminal benefits is on 22.05.2023 and 27.05.2023.

4. Hence paragraph.no.2 is ordered to be substituted as follows:

"The case of the petitioner is that he was retired from service on 31.05.2022. However, the terminal benefits have been settled to him only on 22.05.2023 and 27.05.2023, and no interest has been paid for the delayed period. In view of the same, the petitioner 6/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm ) W.P.No.13394 of 2025 submitted representation dated 10.02.2025 to the respondents seeking terminal benefits on account of ECF, MCF and STERBS with interest at 6% per annum and 6% interest for the delayed payment of Provident Fund, Gratuity, Earned leave salary and Earned leave surrender and SSS fund. Since the same was not considered, the present writ petition has been filed."

5. Registry is directed to issue fresh order copy by substituting the aforesaid paragraph.

30.07.2025 veda 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 05:49:33 pm )