Madras High Court
M.Palanisamy vs The Management Of on 1 September, 2021
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
(Through Video Conferencing)
In WP.Nos.18272 & 18274 of 2021
M.Palanisamy ... Petitioner in
W.P.No.18272 of 2021
R.Erudayaraj ... Petitioner in
W.P.No.18274 of 2021
Vs
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Erode Region,
Represented by its Managing Director,
Erode. ... Respondent in
WP.Nos.18272 & 18274/2021
In WP.Nos.18279, 18284, 18288, 18337, 18339,
18343, 18345 & 18350 of 2021
P.Mathappan ... Petitioner in
W.P.No.18279 of 2021
M.Subramani ... Petitioner in
W.P.No.18284 of 2021
K.Venkatachalam ... Petitioner in
W.P.No.18288 of 2021
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
R.Shanmugasundaram ... Petitioner in
W.P.No.18337 of 2021
M.Selvan ... Petitioner in
W.P.No.18339 of 2021
R.Udayakumaran ... Petitioner in
W.P.No.18343 of 2021
C.Chandrasekaran ... Petitioner in
W.P.No.18345 of 2021
K.Palanisamy ... Petitioner in
W.P.No.18350 of 2021
Vs
1.The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Erode Region,
Represented by its Managing Director,
Erode.
2.The Administrator,
Tamil Nadu State Transport Employees'
Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai – 2. ... Respondents in
WP.Nos.18279, 18284,
18288, 18337, 18339, 18343,
18345 and 18350 of 2021
Prayer in WP.Nos.18272 & 18274 of 2021 : Petition filed under Article
226 of the Constitution of India to issue a Writ of Mandamus, directing
the respondents to pay the petitioner interest at the rate of 18% per
annum, for the period of delay from 01.07.2019 to 24.01.2021, in paying
the amounts paid towards the terminal benefits of the petitioner EPF
Employee's Contribution, Gratuity and Encashment of Earned/Sick
Leaves, within a time frame as may be fixed by this Hon'ble Court and
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
without affecting his right to claim balance amounts towards those
benefits.
Prayer in WP.Nos.18279, 18284 and 18345 of 2021 : Petition filed under
Article 226 of the Constitution of India to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of 18%
per annum, for the period of delay from 01.05.2020 to 01.06.2021, in
paying the amounts paid towards the terminal and pension benefits of the
petitioner namely EPF Employee's Contribution, Gratuity, Encashment of
Earned/Sick Leaves and Commutated Value of Pension, within a time
frame as may be fixed by this Hon'ble Court and without affecting his
right to claim balance amounts towards those benefits.
Prayer in WP.Nos.18288 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.03.2020 to 01.06.2021, in paying the
amounts paid towards the terminal and pension benefits of the petitioner
namely EPF Employee's Contribution, Gratuity, Encashment of
Earned/Sick Leaves and Commutated Value of Pension, within a time
frame as may be fixed by this Hon'ble Court and without affecting his
right to claim balance amounts towards those benefits.
Prayer in WP.Nos.18337 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.04.2020 to 01.06.2021, in paying the
amounts paid towards the terminal and pension benefits of the petitioner
namely EPF Employee's Contribution, Gratuity, Encashment of
Earned/Sick Leaves and Commutated Value of Pension, within a time
frame as may be fixed by this Hon'ble Court and without affecting his
right to claim balance amounts towards those benefits.
Prayer in WP.Nos.18339 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.02.2020 to 01.06.2021, in paying the
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
amounts paid towards the terminal and pension benefits of the petitioner
namely EPF Employee's Contribution, Gratuity, Encashment of
Earned/Sick Leaves and Commutated Value of Pension, within a time
frame as may be fixed by this Hon'ble Court and without affecting his
right to claim balance amounts towards those benefits.
Prayer in WP.Nos.18343 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.09.2018 to 20.09.2019, in paying the
amounts paid towards the terminal and pension benefits of the petitioner
namely EPF Employee's Contribution, Gratuity, Encashment of
Earned/Sick Leaves and Commutated Value of Pension, within a time
frame as may be fixed by this Hon'ble Court and without affecting his
right to claim balance amounts towards those benefits.
Prayer in WP.No.18350 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.07.2019 to 24.01.2021, in paying the
amounts paid towards the terminal benefits of the petitioner EPF
Employee's Contribution, Gratuity and Encashment of Earned/Sick
Leaves and Commutated Value of Pension, within a time frame as may
be fixed by this Hon'ble Court and without affecting his right to claim
balance amounts towards those benefits.
For Petitioners : Mr.V.Ajoy Khose
(In all W.Ps)
For Respondents : Mr.A.Sundaravadhanan
(In all W.Ps) Standing Counsel
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
COMMON ORDER
These writ petitions have been filed for a Mandamus, to direct the
respondents to pay the petitioners interest at the rate of 18% per annum
for the belated payment of the petitioners namely EPF Employee's
Contribution, gratuity, earned leave salary and commutated 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
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
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
annum.”
2. In view of the same, I am inclined to dispose these writ petitions
by directing the respondents to pay interest at the rate of 4% per annum
to the petitioners for the period of delay from 01.07.2019 to 24.01.2021
of the petitioners EPF Employee's Contribution, gratuity, earned leave
salary, commutated value of pension etc, within a period of six months in
six equated monthly instalments.
3. These Writ Petitions stand disposed of with the above
observations. No costs.
01.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
drl
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
To
1.The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Erode Region,
Represented by its Managing Director,
Erode.
2.The Administrator,
Tamil Nadu State Transport Employees'
Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai – 2.
http://www.judis.nic.in
W.P.Nos.18272, 18274, 18279, 18284, 18288, 18337,
18339, 18343, 18345 & 18350 of 2021
C.SARAVANAN,J.
drl
W.P.Nos.18272, 18274, 18279, 18284,
18288, 18337,18339, 18343,
18345 & 18350 of 2021
01.09.2021
http://www.judis.nic.in
