I.Ramachandran vs Tamil Nadu State Transport ...
2021 Latest Caselaw 18357 Mad

                                                                              W.P.No.18767 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 07.09.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                W.P.No.18767 of 2021
                                            (Through Video Conferencing)

                     I.Ramachandran                                          ... Petitioner

                                                         Vs

                     1.Tamil Nadu State Transport Corporation (Salem) Ltd.,
                       Represented by its Managing Director,
                       No.12, Ramakrishna Road,
                       Salem – 7.

                     2.Tamil Nadu State Transport Corporation
                         Employees' Pension Fund Trust,
                       Represented 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, directing the respondents to pay the petitioner
                     interest at the rate of 6% per annum for the belated payment of his PF,
                     gratuity, commuted value of pension and earned leave salary, to settle the
                     amounts payable under the Social Security Scheme, Family Benefit Fund,
                     IRT Contributions and to refund of contributions under the Post
                     Retirement Benefit Scheme, together with interest at the rate of 6%.


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                                                                                     W.P.No.18767 of 2021


                                       For Petitioner       : Mr.V.Ajoy Khose
                                       For Respondents      :
                                       For R1               : Mr.D.Raghu
                                                              Standing Counsel
                                       For R2               : Mr.C.S.K.Sathish
                                                              Standing Counsel

                                                          ORDER

Though this writ petition has been filed for a Mandamus, to direct

the respondents to settle interest at the rate of 6% per annum for the

belated payment of the petitioner gratuity, provident fund, commuted

value of pension, earned leave salary, 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.

https://www.mhc.tn.gov.in/judis/

W.P.No.18767 of 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, provident fund, commuted

value of pension 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.

07.09.2021 (1/9)

Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order

arb

https://www.mhc.tn.gov.in/judis/

W.P.No.18767 of 2021

C.SARAVANAN,J.

arb

To

1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem – 7.

2.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 600 002.

W.P.No.18767 of 2021

07.09.2021 (1/9)

https://www.mhc.tn.gov.in/judis/