Madras High Court
T.Palanisamy vs Tamil Nadu State Transport on 23 September, 2021
W.P.Nos.20329, 20332, 20338, 20341, 20345 & 20347 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.20329, 20332, 20338, 20341,
20345 & 20347 of 2021
(Through Video Conferencing)
W.P.No.20329 of 2021:-
T.Palanisamy ... Petitioner
Vs
1.Tamil Nadu State Transport
Corporation, (Coimbatore) Ltd,
Rep by its Managing Director,
No.37, Mettupalayam Salai,
Coimbatore – 64103.
2.Tamil Nadu State Transport Corporations
Employee's Pension Fund Trust,
Rep by its Administrator,
Thiruvalluvar Illam,
Pallavan Salai, Chennai – 2. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay interest to
the petitioner for the belated payment of P.F, earned leave salary,
commuted value of pension and Gratuity at the rate of 4% per annum.
https://www.mhc.tn.gov.in/judis/
1/4
W.P.Nos.20329, 20332, 20338, 20341, 20345 & 20347 of 2021
For Petitioner : Ms.H.Nandhini
(in all W.Ps)
For Respondent : Mr.D.Raghu
(in W.P.Nos.
20329 & 20345 of 2021)
For Respondent : Mr.A.Sundaravadhanam
(in W.P.Nos. Standing Counsel
20332, 20338, 20341
& 20347 of 2021)
COMMON ORDER
These writ petitions have been filed for a Mandamus, to direct the
respondent to pay the petitioner interest at the rate of 4% per annum for
the belated payment of P.F, earned leave salary, commuted value of
pension and Gratuity, 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.
https://www.mhc.tn.gov.in/judis/
2/4
W.P.Nos.20329, 20332, 20338, 20341, 20345 & 20347 of 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 respondent to pay interest at the rate of 4% per annum to the
petitioner for the belated payment of P.F, Gratuity and Earned Leave
salary 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.
23.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
https://www.mhc.tn.gov.in/judis/
3/4
W.P.Nos.20329, 20332, 20338, 20341, 20345 & 20347 of 2021
C.SARAVANAN,J.
jas
To
1.The Managing Director,
Tamil Nadu State Transport
Corporation, (Coimbatore) Ltd,
No.37, Mettupalayam Salai,
Coimbatore – 64103.
2.Tamil Nadu State Transport Corporations
Employee's Pension Fund Trust,
Rep by its Administrator,
Thiruvalluvar Illam,
Pallavan Salai, Chennai – 2.
W.P.Nos.20329, 20332, 20338, 20341,
20345 & 20347 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
