Madras High Court
C.Raju vs The Managing Director on 2 September, 2021
W.P.No.18239 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18239 of 2021
(Through Video Conferencing)
C.Raju ... Petitioner
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Vazhuthareddy,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
Kanchipuram Division,
Karaipettai, Kanchipuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002. ... Respondents in both W.Ps
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W.P.No.18239 of 2021
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent to pay the interest
amount for Rs.11,48,161/- for the petitioner's delayed payment of
Gratuity amount, Commutation amount and Encashment of Leave
amount with 6% interest per annum till the date of payment and also the
petitioner's 10 days salary for the period of 21.04.2018 to 30.04.2018, as
per the petitioner's representation dated 15.04.2021.
For Petitioner : Mr.R.Anbalagan
For Respondents : Mr.C.S.K.Sathish
Standing Counsel
ORDER
Though the writ petition has been filed for a Mandamus, to direct
the respondent to pay the interest amount of Rs.11,48,161/- for the
delayed payment of Gratuity amount, Commutation amount and
Encashment of Leave amount at the rate of 6% per annum till the date of
payment and also the petitioner's 10 days salary for the period of
21.04.2018 to 30.04.2018, 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
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W.P.No.18239 of 2021
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. In view of the same, I am inclined to dispose the writ petition by
directing the respondents to pay interest at the rate of 4% per annum to
the petitioners for the delayed payment of Gratuity amount, Commutation
amount etc., within a period of six months in six equated monthly
instalments. This Writ Petition stands disposed of with the above
observations. No costs.
02.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
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W.P.No.18239 of 2021
C.SARAVANAN,J.
jas
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Vazhuthareddy,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
Kanchipuram Division,
Karaipettai, Kanchipuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002.
W.P.Nos.18239 of 2021
02.09.2021
http://www.judis.nic.in
