Madras High Court
J.Panneerselvam vs The Managing Director on 6 September, 2021
W.P.No.18525 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18525 of 2021
(Through Video Conferencing)
J.Panneerselvam ... Petitioner
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
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 Corporaqtion
Employees Post Retirement Welfare Fund Scheme,
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 the interest amount for
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1
W.P.No.18525 of 2021
Rs.7,64,901/- 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
ORDER
Though this writ petition has been filed for a Mandamus, to direct the
respondents to pay the interest amount for Rs.7,64,901/- 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, 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
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W.P.No.18525 of 2021
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. 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 delayed payment of gratuity amount 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
https://www.mhc.tn.gov.in/judis/
W.P.No.18525 of 2021
C.SARAVANAN,J.
jas
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
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 Corporaqtion
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House,
Pallavan Salai,
Chennai-600 002.
W.P.No.18525 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis/
