Madras High Court
A.Rajendran vs Tamil Nadu State Transport ... on 8 September, 2021
W.P.No.18856 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18856 of 2021
(Through Video Conferencing)
A.Rajendran ... Petitioner
Vs
1.Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
Represented by its Managing Director,
3/137, Salamedu,
Valudhareddy Post,
Villupuram – 605 602.
2.Tamil Nadu State Transport Corporation
(Villupuram) Ltd,
Rep by The General Manager,
Kancheepuram Regional Office,
Karapettai,
Chennai Bangalaru Highway,
Kancheepuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Trust,
Pallavan Salai, Chennai – 600 002. ... Respondents
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W.P.No.18856 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
amounts to the Provident Fund, Commutation of Pension amount and
Service Gratuity at the rate of 4% per annum for 14 months of delayed
payment in accordance with the Order dated 12.06.2015 of the Hon'ble
Division Bench of this Court made in W.A.(MD).Nos.383 to 457 of 2015
and as adopted in the Order dated 24.03.2021 in W.P.No.506 of 2021 by
considering and passing orders on petitioner representation dated
06.08.2021.
For Petitioner : Mr.N.Ishak
For Respondents : 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 amounts to the Provident Fund,
Commutation of Pension amount and Service Gratuity at the rate of 4%
per annum for 14 months of delayed payment, 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
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W.P.No.18856 of 2021
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, 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 provident fund, commutation of
pension 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.
08.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
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W.P.No.18856 of 2021
C.SARAVANAN,J.
jas
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Ltd.,
3/137, Salamedu,
Valudhareddy Post,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram) Ltd,
Kancheepuram Regional Office,
Karapettai, Chennai Bangalaru Highway,
Kancheepuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Trust,
Pallavan Salai, Chennai – 600 002.
W.P.No.18856 of 2021
08.09.2021
http://www.judis.nic.in
