V.Shanmugasundaram vs The Managing Director
2021 Latest Caselaw 18362 Mad

                                                       W.P.No.18832 of 2021


       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                        DATED : 07.09.2021

                               CORAM

        THE HONOURABLE MR.JUSTICE C.SARAVANAN

                        W.P.No.18832 of 2021
                                and
                       W.M.P.No.20135 of 2021
                    (Through Video Conferencing)

1.V.Shanmugasundaram
2.M.Arumugam
3.D.Udhayakumar
4.K.Karivaratharajan                             ... Petitioners

                                  Vs

1.The Managing Director,
  Tamil Nadu State Transport Corporation Ltd.,
  37, Mettupalayam Road,
  Coimbatore – 43.

2.The General Manager,
  Tamil Nadu State Transport Corporation Ltd.,
  Erode Region, Chennimalai Road,
  Erode – 638 001.

3.The Administrator,
  Tamil Nadu State Transport Corporation EPF Trust,
  Thirvalluvar House,
  Anna Salai, Chennai – 2.                      ... Respondents




1/4
                                                            W.P.No.18832 of 2021


Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay interest for
the belated payment of Provident Fund, Gratuity, Encashment of Earned
Leave and Commuted Value of Pension, at the rate of 12% per annum.

            For Petitioners : Mr.N.Senthil Kumar
            For Respondents :
            For R1 & R2     : Mr.A.Sundaravadhanan
                              Standing Counsel
            For R3          : Mr.C.S.K.Sathish
                              Standing Counsel

                                ORDER

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

the respondents to pay interest at the rate of 12% per annum for the

belated payment of the petitioners Provident Fund, Gratuity, Encashment

of Earned Leave and Commuted 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

W.P.No.18832 of 2021

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

petitioners for the belated payment of Provident Fund, Gratuity,

Encashment of Earned Leave 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. Consequently, connected Writ Miscellaneous

Petition is closed.

07.09.2021 Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order

arb

W.P.No.18832 of 2021

C.SARAVANAN,J.

arb

To

1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore – 43.

2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode – 638 001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thirvalluvar House, Anna Salai, Chennai – 2.

W.P.No.18832 of 2021 and W.M.P.No.20135 of 2021

07.09.2021