Madras High Court
G.Rajendran vs Tamil Nadu State Transport ... on 8 September, 2021
W.P.Nos.18925, 18927, 18928, 18930, 18931, 18932,
18937, 18938, 18939 & 18941 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18925, 18927, 18928, 18930, 18931, 18932,
18937, 18938, 18939 & 18941 of 2021
(Through Video Conferencing)
WP.No.18925 of 2021
G.Rajendran ... Petitioner
Vs
1.Tamil Nadu State Transport Corporation
(Salem) Ltd.,
Rep. by its The Managing Director,
No.12, Ramakrishna Road,
Salem-7.
2.Tamil Nadu State Transport Corporations
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, 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 pay him wages
towards 30 days of earned leaves surrendered by the petitioner, while he was
https://www.mhc.tn.gov.in/judis/
1
W.P.Nos.18925, 18927, 18928, 18930, 18931, 18932,
18937, 18938, 18939 & 18941 of 2021
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%
within a specified time, as may be fixed by this Court.
(In all WPs)
For Petitioners : Mr.R.Krishnaswamy
For Respondents : Mr.D.Raghu (for R1)
Standing Counsel
Mr.C.S.K.Sathish (for R2)
COMMON ORDER
Though these writ petitions have been filed for a Mandamus, to direct
the respondents to pay the petitioners interest at the rate of 6% per annum for
the belated payment of their PF., gratuity, commuted value of pension and
earned leave salary, to pay them wages towards 30 days of earned leaves
surrendered by the petitioners, 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, 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
https://www.mhc.tn.gov.in/judis/
2
W.P.Nos.18925, 18927, 18928, 18930, 18931, 18932,
18937, 18938, 18939 & 18941 of 2021
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. Considering the same, these Writ Petitions are disposed 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 and encashment of earned leave/sick
leave etc., within a period of six months in six equated monthly instalments.
3. These Writ Petitions stand disposed of with the above observations.
No costs.
08.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
https://www.mhc.tn.gov.in/judis/
3
W.P.Nos.18925, 18927, 18928, 18930, 18931, 18932,
18937, 18938, 18939 & 18941 of 2021
C.SARAVANAN,J.
jas
To
1.Tamil Nadu State Transport Corporation
(Salem) Ltd.,
Rep. by its The Managing Director,
No.12, Ramakrishna Road,
Salem-7.
2.Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust,
Rep. by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai-600 002.
W.P.Nos.18925, 18927, 18928, 18930, 18931,
18932, 18937, 18938, 18939 & 18941 of 2021
08.09.2021
https://www.mhc.tn.gov.in/judis/
