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Malick Basha v. The Managing Director

DISPOSED OF
Court
High Court of Madras
Decided
8 July 2026
Bench
P.T. Ashaauthor
Case no.
WP 25745/2026

Judgment

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WP NO. 25746 OF 2026 Malick Basha ..Petitioner(s) Vs

¶1The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem 636 007

¶2The Administrator Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002 ..Respondent(s) WP No. 25746 of 2026 M Yakoob ..Petitioner(s) Vs

¶1The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, No.3/137, Salaamedu, Villupuram-605 602.

¶2The Administrator Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002 Page2 of 6 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity and Leave Surrender at the rate of 12 percent per annum and for the order unsettled benefits viz Earned leave surrender amount for the year of 2009-2012 and 2017-2019, 12(3) wage settlement, ERBS pension and 10 days salary amount with interest at the rate of 12 percent annum within the stipulated time as may be fixed by this Honble Court. WP No. 25746 of 2026 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity and Leave Surrender at the rate of 12 percent per annum and for the order unsettled benefits viz Earned leave surrender amount for the year of 2009-2012 and 2017-2019, 12(3) wage settlement, ERBS pension and 10 days salary amount with interest at the rate of 12 percent annum within the stipulated time as may be fixed by this Honble Court For Petitioner(s): Mr.N.Basker For Respondent(s): Mr.K.Raja, Standing Counsel for R.1 Page3 of 6 COMMON ORDER WP.No.25745 of 2026 has been filed for the following reliefs:- directing the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity and Leave Surrender at the rate of 12 percent per annum and for the order unsettled benefits viz Earned leave surrender amount for the year of 2009-2012 and 2017-2019, 12(3) wage settlement, ERBS pension and 10 days salary amount with interest at the rate of 12 percent annum within the stipulated time as may be fixed by this Honble Court.

2.WP.No.25746 of 2026 has been filed for the following reliefs:- directing the respondents to disburse the interest for the belated payment of Provident Fund, Gratuity and Leave Surrender at the rate of 12 percent per annum and for the order unsettled benefits viz Earned leave surrender amount for the year of 2009-2012 and 2017-2019, 12(3) wage settlement, ERBS pension and 10 days salary amount with interest at the rate of 12 percent annum within the stipulated time as may be fixed by this Honble Court.

¶3It is the case of the petitioners that they had joined the services of the respondent Corporation on various dates and retired from service on 31.05.2025 and 30.11.2024, respectively. However, their terminal benefits were settled belatedly without payment of any interest. Further, the salary for the last 10 Page4 of 6 days, as well as the leave surrender amounts for the years 2009-2012 and 2017-19, 12(3) Wage Settlement, ERBS Pension have also not been paid to them. Therefore, the petitioners had sent representations to the respondent which evoked no response so far. Hence, the present Writ Petitions have been for the reliefs stated supra.

¶4The learned Standing Counsel for the 1st respondent submitted that they are willing to pay interest at 6% per annum on the delayed payment of the petitioners' eligible and admissible terminal benefits. They also agreed to disburse all other eligible and admissible unsettled terminal benefits due to the petitioners, together with interest at the rate of 6% per annum.

¶5Heard the learned counsel for both sides and perused the materials available on record.

¶6In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% p.a. for the belated payment of terminal benefits from the date of retirement till the date of actual disbursal of the terminal benefits to the petitioners and to disburse all the other eligible unsettled terminal benefits due to the petitioners along with interest at the rate of 6% per annum for the delayed period. The respondents are also directed to consider and disburse the petitioners' salary for Page5 of 6 the last 10 days of service, if there is no impediment to such disbursal. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

¶7Accordingly, these Writ Petitions are disposed of. No costs. 08-07-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem 636 007

¶2The Administrator Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002

¶3The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, No.3/137, Salaamedu, Villupuram-605 602. WPoNo.o25745oofo2026 P.T.ASHAoJ. SHR WPoNo.o25745oofo2026 AND WPoNO.o25746oOFo2026 08-07-2026 Page6oofo6

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.