Madras High Court
N.Prabakaran vs Tamil Nadu State Transport ... on 6 July, 2021
W.P.Nos. 13909 of 2021 and batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. Nos. 13909, 13910, 13912, 13913, 13914, 13916, 13919, 13920, 13922,
13923, 13927 & 13925 of 2021
W.P. No.13909 of 2021
N.Prabakaran .. Petitioner
Versus
1.Tamil Nadu State Transport Corporation
(Villupuram) ltd.,
Rep. 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 Corporations
Employees' Pension Fund Trust,
Rep. by its Administrator,
Thiruvallur Illam, Pallavan Salai,
Chennai – 600 002. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
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, earned leave salary and commuted value of pension, within a specified
time as may be fixed by this Hon'ble Court, Award costs.
https://www.mhc.tn.gov.in/judis/
W.P.Nos. 13909 of 2021 and batch
For Petitioner : Mr. V.Ajoy Khose
( in all W.P's.)
For Respondents : Mr. C.S.K.Sathish
( in all W.P's.) Standing Counsel
COMMON O RD E R
Mr. C.S.K.Sathish, learned Standing Counsel, takes notice on behalf of
the respondents. With the consent of both parties, these writ petitions are taken
up for final disposal at the admission stage itself.
2. These writ petitions are filed for issuing a writ of mandamus directing
the respondents to pay the petitioner interest @ 6% per annum for the belated
payment of the petitioner's gratuity, earned leave salary and commuted value of
pension, within a time stipulated by this Court.
3. There is no dispute with regard to the fact about the belated payment
to the petitioners. Learned counsel appearing for the petitioners submitted that
in similar cases though interest @ 6% was awarded by this Court, recently in a
few judgments of this Court the rate of interest has been reduced from 6% to
4% based on the request of Transport Corporation because of their financial
crisis due to Covid-19 pandemic. Learned counsel appearing for the petitioners
states that there is no dispute with regard to the factual averments. Learned
https://www.mhc.tn.gov.in/judis/
W.P.Nos. 13909 of 2021 and batch
counsel appearing for the petitioners also states that the third respondent is the
competent authority to disburse the commuted value of pension and
respondents 1 and 2 are the persons who are liable to pay other Counts. It is
well settled that retirement dues must be paid in time.
4. Learned Standing Counsel appearing for the respondents has no
serious objection as to the grant of interest @ 4% and a direction to pay the
interest in six equal instalments.
5. Based on the submissions of the learned counsel appearing for the
petitioners and the learned Standing Counsel appearing for the respondents,
this Court is inclined to pass order in the following lines:
“The third respondent is directed to calculate and pay interest @ 4% for
the delay in payment of commuted value of pension from the date of due till the
date of actual payment. Similarly, the respondents 1 and 2 are also directed to
pay interest @ 4% for the belated payment of petitioner's gratuity and earned
leave salary. The respondents shall make the payment in six equal monthly
instalments commencing from 01.08.2021. The respondents 1 and 2 shall pay
interest @ 6% if there is further delay beyond three months. It is also open to
https://www.mhc.tn.gov.in/judis/
W.P.Nos. 13909 of 2021 and batch
the petitioner to approach this Court for modification of this order for higher
interest, in case the amount is not disbursed within a period of one year from
the date of first instalment as per this order.”
6. With the above directions, these writ petitions are disposed of. No
costs.
06.07.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
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 Corporations
Employees' Pension Fund Trust,
Thiruvallur Illam, Pallavan Salai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis/
W.P.Nos. 13909 of 2021 and batch
S.S.SUNDAR. J.,
bkn
W.P. Nos. 13909, 13910, 13912, 13913, 13914, 13916, 13919, 13920, 13922,
13923, 13927 & 13925 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
