Madras High Court
N. Ganesan vs The Management Of on 22 September, 2021
W.P.Nos.20163 & 20165 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.20163 & 20165 of 2021
(Through Video Conferencing)
1.N. Ganesan ... Petitioner
in W.P.No.20163 of 2021
2.N.Rajavelu ... Petitioner
in W.P.No.20165 of 2021
Vs
1.The Management of
Tamil Nadu State Transport Coporation (Kovai) Limited,
Erode Region,
Represented by its Managing Director,
Erode. ... First Respondent
in both W.Ps
2.The Administrator,
Tamil Nadu State Transport Employees' Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai – 2. ... Second Respondent
in W.P.No.20165 of 2021
Prayer in W.P.No.20163 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the
respondent to pay interest at the rate of 18% per annum, for the period of
delay from 01.03.2020 to 01.06.2021, in paying the amounts paid
towards the terminal benefits of the petitioner namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves within a
time frame.
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W.P.Nos.20163 & 20165 of 2021
Prayer in W.P.No.20165 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the
respondents to pay interest at the rate of 18% per annum, for the period
of delay from 01.05.2019 to 24.09.2019, in paying the amounts paid
towards the terminal and pension benefits of the petitioner namely EPF
Employee's Contribution, Gratuity, Encashment of Earned/Sick Leaves
and Commutated Value of Pension within a time frame.
For Petitioners : Mr.V.Ajoy Khose
(In both W.Ps)
For Respondents : Mr.A.Sundaravadhanan
(In both W.Ps) Standing Counsel
COMMON ORDER
Though these writ petitions have been filed for a Mandamus, to
direct the respondents to pay interest at the rate of 18% per annum for the
belated payment of the petitioners EPF Employee's Contribution,
Gratuity, Encashment of Earned/Sick Leaves and Commutated Value of
Pension, in terms of the decision of this Court in W.P.No.20163 of 2021
vide order dated 17.09.2021, 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
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W.P.Nos.20163 & 20165 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, 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 EPF Employee's Contribution,
Gratuity, Encashment of Earned/Sick Leaves etc., within a period of six
months in six equated monthly instalments. No costs.
22.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb/nst
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W.P.Nos.20163 & 20165 of 2021
C.SARAVANAN,J.
arb/nst
To
1.The Managing Director,
Management of
Tamil Nadu State Transport Coporation (Kovai) Limited,
Erode Region, Erode.
2.The Administrator,
Tamil Nadu State Transport Employees' Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai – 2.
W.P.Nos.20163 & 20165 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
