Madras High Court
N.Dhanasearan vs The Government Of Tamil Nadu on 8 October, 2021
W.P.No.21804 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.21804 of 2021
and
W.M.P.No.22989 of 2021
(Through Video Conferencing)
1.N.Dhanasearan
2.N.Maganathan ... Petitioners
Vs.
1.The Government of Tamil Nadu,
Represented by its Secretary to Government,
Transport Department,
Secretariat, Chennai – 600 009.
2.The Managing Director,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Salem Division, No.12, Ramakrishna Road,
Post Box No.713, Salem – 636 007.
3.The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Salem Division, No.12, Ramakrishna Road,
Post Box No.713, Salem – 636 007.
_____________
Page No. 1 of 6
W.P.No.21804 of 2021
4.The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Dharmapuri Region,
Dharmapuri District – 636 705.
5.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the respondents to settle the
interest for the belated payment of retirement benefits such as Gratuity,
Earned Leave, Medical Leave, Commutation of Pension, Provident Fund and
other retirement benefits payable to the petitioners with 18% rate of interest.
For Petitioners : Mr.N.Sudhagar Nagaraj
For Respondents :
For R1 : Mr.V.P.R.Elamparithi
Government Advocate
For R2 to R4 : Mr.D.Raghu
Standing Counsel
For R5 : Mr.C.S.K.Sathish
Standing Counsel
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
respondents to settle interest at the rate of 18% per annum for the belated
payment of the petitioners Gratuity, Earned Leave, Medical Leave,
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W.P.No.21804 of 2021
Commutation of Pension and Provident Fund in terms of the decision of the
First Bench of the Madurai Bench of this Court in W.A.(MD)Nos.383 to 457
of 2015.
2. The First Bench of the Madurai Bench of this Court, in the above
case, has directed the State Transport Corporation to settle the terminal
benefits of its employees in 12 equal monthly installments and to pay
interest at the rate of 6% on the terminal benefits payable to the workman.
The First Bench of the Madurai Bench of this Court has also held that
workman is entitled to 18% interest for the defaulted period of installments.
3. It is noticed that though the above observation of the First Bench of
the Madurai Bench of this Court was followed by a learned Single Judge in
W.P.No.15886 of 2020 vide order dated 19.01.2021, the learned Single
Judge has subsequently modified the views in W.P.No.506 of 2021 vide
order dated 24.03.2021 considering the constraints of the State Finance due
to the outbreak of Covid-19 with the following directions:-
“(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
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W.P.No.21804 of 2021
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.”
4. Considering the same, this Writ Petition is disposed by directing the
respondent to consider the representation dated 11.08.2021 of the petitioners
and to pay interest at the rate of 4% per annum for the belated payment of
Gratuity, Earned Leave, Medical Leave and other legal dues to the petitioners
in six equated monthly instalments commencing from 1st November, 2021.
No costs. Consequently, connected Writ Miscellaneous Petition is closed.
08.10.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
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W.P.No.21804 of 2021
To
1.The Secretary,
Government of Tamil Nadu,
Transport Department,
Secretariat, Chennai – 600 009.
2.The Managing Director,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Salem Division, No.12, Ramakrishna Road,
Post Box No.713, Salem – 636 007.
3.The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Salem Division, No.12, Ramakrishna Road,
Post Box No.713, Salem – 636 007.
4.The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Limited,
Dharmapuri Region,
Dharmapuri District – 636 705.
5.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002.
_____________
W.P.No.21804 of 2021
C.SARAVANAN,J.
arb
W.P.No.21804 of 2021
and
W.M.P.No.22989 of 2021
08.10.2021
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