V.Sambandan vs The Managing Director
2021 Latest Caselaw 19559 Mad

                                                                                   W.P.No.20336 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 23.09.2021

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                   W.P.No.20336 of 2021

                                              (Through Video Conferencing)

                     V.Sambandan                                                ... Petitioner

                                                            Vs

                     The Managing Director,
                     Metropolitan Transport Corporation,
                           (Chennai) Ltd,
                     Pallavan House,
                     Chennai – 600 002.                                      ... Respondent

                     Prayer : Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Mandamus, directing the respondents to pay 10% interest
                     for the belated payment of terminal benefits such as Gratuity and Leave
                     Salary to the petitioner.

                                      For Petitioner    : Mr.S.T.Varadarajulu

                                      For Respondent    : Mr.K.Moorthy




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                                                                                    W.P.No.20336 of 2021


                                                          ORDER

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

the respondents to pay the petitioner interest at the rate of 10% per

annum for the belated payment of terminal benefits such as Gratuity and

Leave Salary to the petitioner, in terms of the decision of this Court in

W.P.No.15886 of 2020 vide order dated 19.01.2021. However, 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 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.”

https://www.mhc.tn.gov.in/judis/

W.P.No.20336 of 2021

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 belated payment of Gratuity and Leave salary 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.

23.09.2021

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

To

The Managing Director, Metropolitan Transport Corporation, (Chennai) Ltd, Pallavan House, Chennai – 600 002.

https://www.mhc.tn.gov.in/judis/

W.P.No.20336 of 2021

C.SARAVANAN,J.

jas

W.P.No.20336 of 2021

23.09.2021

https://www.mhc.tn.gov.in/judis/