Madras High Court
P.Arasu vs The Managing Director on 24 August, 2021
W.P.No.17660 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.17660 of 2021
(Through Video Conferencing)
1.P.Arasu
2.C.Dhanapal
3.V.Balasubramanian
4.N.Anbumoorthy ... Petitioners
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
37, Mettupalayam Road,
Coimbatore.
2.The General Manager,
Tamil Nadu State Transport Corporation Ltd.,
Erode Region, Erode,
Erode – 638 001.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Represented by its Administrator,
Thiruvalluvar House, Anna Salai,
Chennai - 600 002. ... Respondents
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W.P.No.17660 of 2021
Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay interest for
the belated payment of Provident Fund, Gratuity, Encashment of Earned
Leave and Commuted Value of Pension, at the rate of 12% per annum.
For Petitioners : Ms.G.V.Garmukil
For Respondents : Mr.Arun for
Mr.A.Sundaravadhanam
ORDER
Though this writ petition has been filed for a Mandamus, to direct
the respondents to pay the petitioner's interest at the rate of 12% per
annum for the belated payment of the petitioner's Provident Fund,
Gratuity, Encashment of Earned Leave 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
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W.P.No.17660 of 2021
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
the respondents to pay interest at the rate of 4% per annum to the
petitioner for the belated payment of Provident Fund, Gratuity,
Encashment of Earned Leave 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.
24.08.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
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W.P.No.17660 of 2021
C.SARAVANAN,J.
Jas
To
1.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
37, Mettupalayam Road,
Coimbatore.
2.The General Manager,
Tamil Nadu State Transport Corporation Ltd.,
Erode Region, Erode,
Erode – 638 001.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Represented by its Administrator,
Thiruvalluvar House, Anna Salai,
Chennai - 600 002.
W.P.No.17660 of 2021
24.08.2021
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