Madras High Court
M.Palani vs The Managing Director on 6 September, 2021
W.P.No.18522 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18522 of 2021
(Through Video Conferencing)
M.Palani ... Petitioner
Vs
1.The Managing Director,
The Tamil Nadu State Transport Corporation
(VPM) Ltd.,
No.3/137, Salamedu,
Vazhuthareddy Post,
Villupuram – 605 602.
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar House, Pallavan Salai,
Chennai - 600 002. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay interest 4%
for the belated payment of the gratuity, leave salary, commutation of
pension and other benefits to the petitioner for the period from
31.03.2020 (the date of retirement) to 02.06.2021 (the date of settlement)
by following the order passed in W.A.(MD).Nos.383 to 457 of 2015
dated 12.06.2015 and in C.M.P.No.6352 of 2018 in W.A.No.665 of
2018 dated 13.07.2018.
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W.P.No.18522 of 2021
For Petitioner : Mr.P.Kirthana Mayuri
For Respondents : Mr.C.S.K.Sathish
ORDER
Though this writ petition has been filed for a Mandamus, to direct
the respondents to pay interest 4% for the belated payment of the
gratuity, leave salary, commutation of pension and other benefits to the
petitioner for the period from 31.03.2020 (the date of retirement) to
02.06.2021 (the date of settlement) by following the order passed in
W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 and in
C.M.P.No.6352 of 2018 in W.A.No.665 of 2018 dated 13.07.2018, 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
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,
http://www.judis.nic.in
W.P.No.18522 of 2021
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.Considering the same, this Writ Petition is disposed by directing
the respondents to pay interest at the rate of 4% per annum to the
petitioner for the belated payment of gratuity, leave salary etc., within a
period of six months in six equated monthly instalments.
3.This Writ Petition stands disposed of with the above
observations. No costs.
06.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
C.SARAVANAN,J.
http://www.judis.nic.in
W.P.No.18522 of 2021
jas
To
1.The Managing Director,
The Tamil Nadu State Transport Corporation
(VPM) Ltd.,
No.3/137, Salamedu,
Vazhuthareddy Post,
Villupuram – 605 602.
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar House, Pallavan Salai,
Chennai - 600 002.
W.P.No.18522 of 2021
06.09.2021
http://www.judis.nic.in
