Madras High Court
K. Damodharan vs Tamil Nadu State Transport ... on 23 August, 2021
W.P.No.17213 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.17213 of 2021
(Through Video Conferencing)
K. Damodharan ... Petitioner
Vs
1.Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Represented by its Managing Director,
3/137, Salamedu,
Villupuram - 605 602
2.The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Vellore Region, Rangapuram,
Vellore - 632 009.
3.Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Represented by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai - 600 002. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay the petitioner
interest at the rate of 6% per annum for the belated payment of the
petitioner gratuity and commuted value of pension.
For Petitioner : Ms.H.Nandhini
For Respondents : Mr.C.S.K.Sathish
Standing Counsel
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W.P.No.17213 of 2021
ORDER
Though this writ petition has been filed for a Mandamus, to direct
the respondents to pay the petitioner interest at the rate of 6% per annum
for the belated payment of the petitioner gratuity and commuted value of
pension, in terms of the decision of this Court in W.P.No.15886 of 2020
vide order dated 19.01.2021, it is noticed that this view has been
subsequently modified in W.P.No.506 of 2021 vide order dated
24.03.2021 considering the constraints of the State Finance due out break
of Covid-19 Pandemic with the following observations:-
“(i) Respondent/Transport Corporation is
directed to pay interest @ 4% per annum to the
Petitioner for the belated payment of gratuity, leave
salary and communication of pension amount that are
yet to be settled, in six equal monthly instalments,
commencing 01.04.2021.
(ii) In case of delay in making instalments within
the time stipulated supra, with reference to the judgment
of the Division Bench of this Court (supra), interest
payable for the period of delay shall be at 6% per
annum.”
2. Considering the same, this Writ Petition is disposed by directing
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W.P.No.17213 of 2021
the respondents to pay interest at the rate of 4% per annum to the
petitioner for the belated payment of gratuity, leave salary et cetera within
a period of six months in six equated monthly instalments.
3. This Writ Petition stands disposed of with the above
observations. No costs.
23.08.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd,
3/137, Salamedu,
Villupuram - 605 602
2.The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Vellore Region, Rangapuram,
Vellore - 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Thiruvalluvar Illam, Pallavan Salai,
Chennai - 600 002.
C.SARAVANAN,J.
http://www.judis.nic.in
W.P.No.17213 of 2021
arb
W.P.No.17213 of 2021
23.08.2021
http://www.judis.nic.in
