High Court · 2025

W.P.No.34781 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.09.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.No.34781 of 2025A.Pepi Anbu Chelvan ...PetitionerVs.1.The State of Tamil Nadu,Rep. by its Chairman of State Transport Undertaking andAdditional Chief Secretary to Government,Transport Department, Chennai – 600 009.2.Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,Rep. by its Managing Director,No.37, Mettupalayam Road, Coimbatore – 641 043.3.Tamil Nadu State Transport CorporationEmployees' Pension Fund Trust,Rep. by its Administrator,No.2, Pallavan Salai, Chennai – 600 002. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to disburse the petitioner's terminal/retirement benefits such as Gratuity amount, PF amount, Leave Salary amount, Previous surrender leave amount, 1/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025Commutation amount, Engineering and Medical college refund amount and other attendant benefits in furtherance of Superannuation on 30.04.2025 together with interest @ 18% per annum from date of retirement till actual date of payment.For Petitioner : Mr.C.VigneswaranFor Respondents: Mr.V.Jeevagiridharan, AGP, for R1: Mr.M.Murali Vinoth, St.C, for R2: Mr.C.S.K.Sathish Kumar, St.C, for R3ORDERThis writ petition has been filed seeking to direct the 2nd and 3rd respondents to disburse the petitioner's terminal/retirement benefits along with interest at the rate of 18% per annum from date of his retirement till the date of actual payment.2. Mr.V.Jeevagiridharan, learned Additional Government Pleader takes notice on behalf of the 1st respondent, Mr.M.Murali Vinoth, learned Standing Counsel takes notice on behalf of the 2nd respondent and Mr.C.S.K.Sathish Kumar, learned Standing Counsel takes notice on behalf of the 3rd respondent. In view of the consent expressed by the learned 2/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.3. The case of the petitioner is that, he joined the services of the 2nd respondent corporation as Junior Tradesman on 15.07.1987 and after rendering 38 years of unblemished service, he retired from service as a Selection Grade Assistant Engineer on 30.04.2025, after attaining the age of superannuation. However, till date, the petitioner has not been paid his terminal benefits. Hence, the petitioner made a representation on 04.08.2025 to the respondents seeking to settle his retirement benefits. Despite receiving the same as early as on 06.08.2025, till date, no steps have been taken by the respondents to settle the terminal benefits in favour of the petitioner. Hence, this writ petition.4. Learned counsel for the petitioner submits that the issue involved in the present writ petition is no longer res integra and the same is squarely covered by various decisions of this Court, particularly, the decision dated 12.06.2015 of an Hon'ble Division Bench of Madurai Bench of this Court in 3/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025the case of K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation (Maudrai) Limted and others made in W.A.(MD).Nos.383 to 457 of 2015, wherein the Division Bench has directed the respondents therein to settle the entire terminal benefits due and payable to the petitioners therein by way of twelve (12) equal monthly installments along with interest at 6% per annum, failing which, the same would carry interest at the rate of 18% per annum. The said judgment has also been followed by a Co-ordinate Bench of this Court in similar matter in W.P.Nos.8445 to 8447 of 2016, vide order dated 07.03.2016. Accordingly, he prayed for similar order being passed in this writ petition as well.5. Learned counsel appearing for the respective respondents did not dispute the above submission made by the learned counsel for the petitioner.6. This Court perused the order passed in W.A.(MD).Nos.383 to 457 of 2015, wherein, the Hon'ble Division Bench has held as under :-“1. The learned Additional Advocate General submits that he has obtained written instructions vide letter No. 7945/E/2015-2 dated 11/6/2015 that the terminal benefits of 4/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.2. The said statement is thus taken on record and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D. Tewari (D) Thr. Lrs. Vs. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. (2014 (9) Scale 78), wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.3. The instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month.4. The writ appeals are disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed.”7. This Court also perused the order dated 07.03.2016 passed in W.P.Nos.8445 to 8447 of 2016, wherein, this Court has held as under :-“4. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD).Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil 5/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), these writ petitions are disposed of with a direction to the respondents 2 to 4/respondents 2 & 3 to settle the entire terminal benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% per annum. The instalments should commence from April, 2016 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioners for such non-payment of the instalments. No costs.”8. The aforesaid decisions are squarely applicable to the facts of the present case. Accordingly, applying the ratio laid down in the above cases, this writ petition stands disposed of with a direction to the 2nd and 3rd respondents to disburse the terminal benefits such as Gratuity amount, PF amount, Leave Salary amount, Previous surrender leave amount, Commutation amount, Engineering and Medical college refund amount and other attendant benefits in favour of the petitioner, together with interest at the rate of 6% per annum from date of his retirement till the date of actual payment by way of twelve (12) equal installments and the 1st instalment shall be paid by 10th October, 2025 and each of the instalments thereafter shall be paid on or before 10th of every succeding English calendar month. It 6/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025is 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.12.09.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoTo:1.The Chairman of State Transport Undertaking andAdditional Chief Secretary to Government,State of Tamil Nadu,Transport Department, Chennai – 600 009.2.Managing Director,Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,No.37, Mettupalayam Road, Coimbatore – 641 043.3.The Administrator,Tamil Nadu State Transport CorporationEmployees' Pension Fund Trust,No.2, Pallavan Salai, Chennai – 600 002.7/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025A.D.JAGADISH CHANDIRA, J.sktW.P.No.34781 of 202512.09.20258/8

W.P.No.34781 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.09.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.No.34781 of 2025A.Pepi Anbu Chelvan ...PetitionerVs.1.The State of Tamil Nadu,Rep. by its Chairman of State Transport Undertaking andAdditional Chief Secretary to Government,Transport Department, Chennai – 600 009.2.Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,Rep. by its Managing Director,No.37, Mettupalayam Road, Coimbatore – 641 043.3.Tamil Nadu State Transport CorporationEmployees' Pension Fund Trust,Rep. by its Administrator,No.2, Pallavan Salai, Chennai – 600 002. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to disburse the petitioner's terminal/retirement benefits such as Gratuity amount, PF amount, Leave Salary amount, Previous surrender leave amount, 1/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025Commutation amount, Engineering and Medical college refund amount and other attendant benefits in furtherance of Superannuation on 30.04.2025 together with interest @ 18% per annum from date of retirement till actual date of payment.For Petitioner : Mr.C.VigneswaranFor Respondents: Mr.V.Jeevagiridharan, AGP, for R1: Mr.M.Murali Vinoth, St.C, for R2: Mr.C.S.K.Sathish Kumar, St.C, for R3ORDERThis writ petition has been filed seeking to direct the 2nd and 3rd respondents to disburse the petitioner's terminal/retirement benefits along with interest at the rate of 18% per annum from date of his retirement till the date of actual payment.2. Mr.V.Jeevagiridharan, learned Additional Government Pleader takes notice on behalf of the 1st respondent, Mr.M.Murali Vinoth, learned Standing Counsel takes notice on behalf of the 2nd respondent and Mr.C.S.K.Sathish Kumar, learned Standing Counsel takes notice on behalf of the 3rd respondent. In view of the consent expressed by the learned 2/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.3. The case of the petitioner is that, he joined the services of the 2nd respondent corporation as Junior Tradesman on 15.07.1987 and after rendering 38 years of unblemished service, he retired from service as a Selection Grade Assistant Engineer on 30.04.2025, after attaining the age of superannuation. However, till date, the petitioner has not been paid his terminal benefits. Hence, the petitioner made a representation on 04.08.2025 to the respondents seeking to settle his retirement benefits. Despite receiving the same as early as on 06.08.2025, till date, no steps have been taken by the respondents to settle the terminal benefits in favour of the petitioner. Hence, this writ petition.4. Learned counsel for the petitioner submits that the issue involved in the present writ petition is no longer res integra and the same is squarely covered by various decisions of this Court, particularly, the decision dated 12.06.2015 of an Hon'ble Division Bench of Madurai Bench of this Court in 3/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025the case of K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation (Maudrai) Limted and others made in W.A.(MD).Nos.383 to 457 of 2015, wherein the Division Bench has directed the respondents therein to settle the entire terminal benefits due and payable to the petitioners therein by way of twelve (12) equal monthly installments along with interest at 6% per annum, failing which, the same would carry interest at the rate of 18% per annum. The said judgment has also been followed by a Co-ordinate Bench of this Court in similar matter in W.P.Nos.8445 to 8447 of 2016, vide order dated 07.03.2016. Accordingly, he prayed for similar order being passed in this writ petition as well.5. Learned counsel appearing for the respective respondents did not dispute the above submission made by the learned counsel for the petitioner.6. This Court perused the order passed in W.A.(MD).Nos.383 to 457 of 2015, wherein, the Hon'ble Division Bench has held as under :-“1. The learned Additional Advocate General submits that he has obtained written instructions vide letter No. 7945/E/2015-2 dated 11/6/2015 that the terminal benefits of 4/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.2. The said statement is thus taken on record and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D. Tewari (D) Thr. Lrs. Vs. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. (2014 (9) Scale 78), wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.3. The instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month.4. The writ appeals are disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed.”7. This Court also perused the order dated 07.03.2016 passed in W.P.Nos.8445 to 8447 of 2016, wherein, this Court has held as under :-“4. Since the issue is squarely covered by the various orders passed by this Court, in the light of the Hon'ble Division Bench judgment in W.A.(MD).Nos.383 to 457 of 2015 dated 12.6.2015 (K.Rajendran and others v. The Tamil 5/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025Nadu State Transport Corporation (Madurai) Limited represented by its Managing Director, Madurai and others), these writ petitions are disposed of with a direction to the respondents 2 to 4/respondents 2 & 3 to settle the entire terminal benefits due and payable to the petitioners through twelve equal monthly instalments carrying interest of 6% per annum. The instalments should commence from April, 2016 and each of the instalments should be paid on or before 7th of each month. In case of any delay in the payment of the instalments, the interest payable would become 18% p.a. for the delayed period apart from any other remedy which may be available to the petitioners for such non-payment of the instalments. No costs.”8. The aforesaid decisions are squarely applicable to the facts of the present case. Accordingly, applying the ratio laid down in the above cases, this writ petition stands disposed of with a direction to the 2nd and 3rd respondents to disburse the terminal benefits such as Gratuity amount, PF amount, Leave Salary amount, Previous surrender leave amount, Commutation amount, Engineering and Medical college refund amount and other attendant benefits in favour of the petitioner, together with interest at the rate of 6% per annum from date of his retirement till the date of actual payment by way of twelve (12) equal installments and the 1st instalment shall be paid by 10th October, 2025 and each of the instalments thereafter shall be paid on or before 10th of every succeding English calendar month. It 6/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025is 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.12.09.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoTo:1.The Chairman of State Transport Undertaking andAdditional Chief Secretary to Government,State of Tamil Nadu,Transport Department, Chennai – 600 009.2.Managing Director,Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,No.37, Mettupalayam Road, Coimbatore – 641 043.3.The Administrator,Tamil Nadu State Transport CorporationEmployees' Pension Fund Trust,No.2, Pallavan Salai, Chennai – 600 002.7/8 https://www.mhc.tn.gov.in/judis W.P.No.34781 of 2025A.D.JAGADISH CHANDIRA, J.sktW.P.No.34781 of 202512.09.20258/8