Madras High Court
A.Rajendran vs Tamil Nadu State Transport ... on 8 September, 2021
W.P.Nos.18836, 18839, 18842, 18844, 18845, 18914,
18916, 18918, 18920 & 18922 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18836, 18839, 18842, 18844, 18845,
18914, 18916, 18918, 18920 & 18922 of 2021
(Through Video Conferencing)
W.P.No.18836 of 2021:-
A.Rajendran ... Petitioner
Vs
1.Tamil Nadu State Transport Corporation
(Salem) Ltd.,
Rep. by its Managing Director,
No.12, Ramakrishna Road,
Salem – 7.
2.The Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust
Rep 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, to direct 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 pay him
https://www.mhc.tn.gov.in/judis/
1/5
W.P.Nos.18836, 18839, 18842, 18844, 18845, 18914,
18916, 18918, 18920 & 18922 of 2021
wages towards 30 days of earned leaves surrendered by the petitioner,
while he was in service; 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%.
For Petitioners : Mr.R.Krishnaswamy
(In all W.Ps)
For Respondent : Mr.D.Raghu
(In all W.Ps) Standing Counsel for R1
Mr.C.S.K.Sathish
Standing Counsel for R2
COMMON ORDER
Though these writ petitions have been filed for a Mandamus, to
direct 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 pay their wages towards 30 days of
earned leaves surrendered by the petitioner, while they were in service; 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%,
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
https://www.mhc.tn.gov.in/judis/
2/5
W.P.Nos.18836, 18839, 18842, 18844, 18845, 18914,
18916, 18918, 18920 & 18922 of 2021
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.
(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 these writ petitions
by directing the respondents to pay interest at the rate of 4% per annum
to the petitioners for the belated payment of P.F, gratuity, commuted
value of pension etc., within a period of six months in six equated
monthly instalments. These Writ Petitions stand disposed of with the
https://www.mhc.tn.gov.in/judis/
3/5
W.P.Nos.18836, 18839, 18842, 18844, 18845, 18914,
18916, 18918, 18920 & 18922 of 2021
above observations. No costs.
08.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Salem) Ltd.,
No.12, Ramakrishna Road,
Salem – 7.
2.The Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust
Rep by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis/
4/5
W.P.Nos.18836, 18839, 18842, 18844, 18845, 18914,
18916, 18918, 18920 & 18922 of 2021
C.SARAVANAN, J.
jas
W.P.Nos.18836, 18839, 18842, 18844, 18845,
18914, 18916, 18918, 18920 & 18922 of 2021
08.09.2021
https://www.mhc.tn.gov.in/judis/
