P.Dhansekar vs The General Manager
2021 Latest Caselaw 17552 Mad

                                                                              W.P.No.17960 of 2021


                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 26.08.2021

                                              CORAM
                               THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                               W.P.No.17960 of 2021

                                           (Through Video Conferencing)

                      P.Dhansekar                                             ... Petitioner

                                                          Vs

                      1.The General Manager,
                        Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
                        Vellore Region, Rangapuram,
                        Vellore – 632 009.

                      2.The Administrator,
                        Tamil Nadu State Transport Corporation
                        Employees' Pension Fund Trust,
                        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
                      a sum of Rs.2,37,793/- towards interest for the belated payment of
                      terminal benefits such as Provident Fund, Gratuity, Leave Salary and
                      commutation amount.

                                    For Petitioner  : Mr.S.T.Varadarajalu
                                    For Respondents : Mr.C.S.K.Sathish


http://www.judis.nic.in
                      1/4
                                                                              W.P.No.17960 of 2021


                                                       ORDER

Though this writ petition has been filed for a Mandamus, to direct

the respondents to settle sum of Rs.2,37,793/- for the belated payment of

terminal benefits of the petitioner's Provident Fund, Gratuity, Leave

Salary and commutation amount, 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 http://www.judis.nic.in

W.P.No.17960 of 2021

the respondents to pay interest at the rate of 4% per annum to the

petitioner for the belated payment of terminal benefits such as Provident

Fund, Gratuity, etc., within a period of six months in six equated monthly

instalments.

3.This Writ Petition stands disposed of with the above

observations. No costs.

26.08.2021

Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order

jas

To

1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore – 632 009.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

http://www.judis.nic.in

W.P.No.17960 of 2021

C.SARAVANAN,J.

Jas

W.P.No.17960 of 2021

26.08.2021

http://www.judis.nic.in