Madras High Court
S.Sivan Pillai vs The State Of Tamil Nadu on 25 October, 2021
W.P.No.22669 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.22669 of 2021
(Through Video Conferencing)
S.Sivan Pillai ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep by its Principal Secretary,
Transport Department,
Fort St. George, Chennai 9.
2.The Managing Director,
State Express Transport Corporation (TN) Ltd.,
Chennai 600 002.
3.Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust
Rep 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, to direct the respondents to pay the interest at the rate of
6% per annum, for the belated payment of leave salary, Provident Fund,
gratuity and commutation as sought for in his representation dated
16.09.2021 within a time to be stipulated by this Court.
https://www.mhc.tn.gov.in/judis
1
W.P.No.22669 of 2021
For Petitioner : Mr.L.Chandrakumar
For Respondent : Mr.L.S.M.Hasan Fizal
Government Advocate for R1 & R2
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
respondents to pay the interest at the rate of 6% per annum, for the belated
payment of leave salary, Provident Fund, gratuity and commutation as sought
for in his representation dated 16.09.2021 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
https://www.mhc.tn.gov.in/judis
W.P.No.22669 of 2021
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 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
respondents to consider the representation dated 16.09.2021 of the petitioner
and to pay the belated payment of Leave Salary, Provident Fund, Gratuity and
Commutation and other legal dues to the petitioner in six equated monthly
instalments commencing from 1st January, 2022. No costs.
25.10.2021
Index: Yes/ No (2/8)
Internet : Yes/No
Speaking/Non-speaking Order
jas
https://www.mhc.tn.gov.in/judis
W.P.No.22669 of 2021
C.SARAVANAN,J.
jas
To
1.The Principal Secretary,
Transport Department,
Fort St. George, Chennai 9.
2.The Managing Director,
State Express Transport Corporation (TN) Ltd.,
Chennai 600 002.
3.The Administrator,
Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust
Thiruvalluvar Illam, Pallavan Salai,
Chennai 600 002.
W.P.No.22669 of 2021
25.10.2021
(2/8)
https://www.mhc.tn.gov.in/judis
