High Court · 2025

W.P.Nos.3220, 3222 and 3225 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.01.2025CORAM:THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYANW.P.Nos.3220, 3222 and 3225 of 2025 M.Sekar... Petitioner in W.P.No.3220 of 2025M.S.Kumar... Petitioner in W.P.No.3222 of 2025R.Chokkanathan... Petitioner in W.P.No.3225 of 2025 Versus1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem – 636 0072. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri3. The Administrator, Tamil Nadu Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002...Respondents in W.P.Nos.3220 and 3225 of 2025 1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem – 636 0071/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 20252. The Administrator, Tamil Nadu Transport Corporation EPF Trust Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 002...Respondents in W.P.No.3222 of 2025 Prayer in W.P.No.3220 of 2025 : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to disburse the belated payment of interest amount of provident fund, gratuity, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011, 7 days salary and 12(3) wage settlement arrears with effect from 30.04.2018 within the stipulated time. Prayer in W.P.No.3222 of 2025 : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to disburse the belated payment of interest amount of provident fund, gratuity, commutation and other unsettle benefits of 10 days salary with effect from 20.03.2023 within the stipulated time. Prayer in W.P.No.3225 of 2025 : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing 2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 2025the respondents to disburse the belated payment of interest amount of provident fund, gratuity, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011,10 days salary and 12(3) wage settlement arrears with effect from 30.06.2018 within the stipulated time. For Petitioner : Mr.N.Desinghu For Respondents: Mr.K.Raja for R1 and R2 Standing Counsel Mr.C.S.K.Sathish for R3 Standing Counsel C O M M O N O R D E R Since the issues involved in these petitions are one and the same, they are taken up together and a common order is passed.2. The grievance of the petitioner in W.P.No.3220 of 2025 is that on 05.12.1984, the petitioner was joined as Conductor in the erstwhile Anna Transport Corporation Salem Ltd., now renamed as Tamilnadu Stat Transport Corporation (Salem) Ltd., and he was retired from service on 30.04.2018. After his retirement, terminal benefits like provident fund, gratuity, commutation amounts were belatedly paid on 31.08.2019 hence petitioner is eligible for interest amount for belated payments of 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 2025provident fund, gratuity, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011, 7 days salary and 12(3) wage Settlement arrears. Therefore, the petitioner submitted the representation dated 06.01.2025, however, the same has not been done, hence this petition. 3. The grievance of the petitioner in W.P.No.3222 of 2025 is that the petitioner joined as Assistant in the erstwhile Anna Transport Corporation Salem Ltd., now renamed as Tamilnadu State Transport (Salem) Ltd., on 11.04.1985 and he was retired from service under the VRS Scheme on 20.03.2023 after his retirement, terminal benefits like provident fund, gratuity, earned leave salary, commutation amounts were belatedly paid on 30.10.2024 hence petitioner is eligible for interest amount for belated payments of provident fund, gratuity, earned leave salary and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 & 2017 to 2018, 12(3) wage Settlement arrears and 10 days salary was not settled till this date.Therefore, the petitioner submitted the representation dated 11.12.2024, however, the same has not been done, hence this petition. 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 20254. The grievance of the petitioner in W.P.No.3225 of 2025 is that the petitioner joined as a conductor in the erstwhile, Anna Transport Corporation Salem Ltd., now renamed as Tamilnadu State Transport Corporation (Salem) Ltd., and he was retired from service on 30.06.2018. After his retirement, terminal benefits like provident fund, gratuity, commutation amounts belatedly paid on 30.06.2018 hence petitioner is eligible for interest amount for belated payments of provident fund, gratuity, earned leave salary and other unsettle benefits of earned leave salary surrender for the year of 2009-2011, 10 days salary was not settled till this date.Therefore, the petitioner submitted the representation dated 20.12.2024, however, the same has not been done, hence this petition. 5. The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioners' representations and pass orders. 6. The learned standing counsel appearing for the respondents submitted that the representation of the petitioners will be considered and will pay the eligible amount with 6% interest per annum as per the earlier orders of this Court. 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 2025 7. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court directs the respondents to consider the representation of the petitioners and pass orders on the claim made by the petitioners within a period of eight weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 8. With the above directions, these Writ Petitions stand disposed of. No order as to costs.30.01.2025Index : Yes/NoInternet: Yes / NoSpeaking order : Yes/Nossd6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 2025To1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem – 636 0072. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Bharathipuram, Dharmapuri3. The Administrator, Tamil Nadu Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai – 600 0027/8 https://www.mhc.tn.gov.in/judis W.P.Nos.3220, 3222 and 3225 of 2025V.BHAVANI SUBBAROYAN, J.ssdW.P.Nos.3220, 3222 and 3225 of 2025 30.01.20258/8