E.Rajkumar vs The Management Of
2021 Latest Caselaw 19562 Mad

                                                                             W.P.No.20369 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 23.09.2021

                                                        CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                  W.P.No.20369 of 2021

                                              (Through Video Conferencing)

                     E.Rajkumar                                              ... Petitioner

                                                           Vs

                     The Management of
                     Tamil Nadu State Transport Corporation
                           (Kovai) Ltd.,
                     Rep. by its Managing Director,
                     Coimbatore.                                             ... Respondent

                     Prayer: Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Mandamus, to direct the Respondent to pay the petitioner
                     interest at the rate of 18% per annum, for the period of delay from
                     01.02.2020 to 01.06.2021, in paying the amounts paid towards petitioner
                     terminal benefits namely EPF Employee's Contribution, Gratuity and
                     Encashment of Earned/Sick Leaves.

                                      For Petitioner         : Mr.A.Ajay Khose

                                      For Respondent         : Mr.A.Sundaravadhanam
                                                               Standing Counsel




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                                                                                    W.P.No.20369 of 2021




                                                            ORDER

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

the respondent to pay the petitioner interest at the rate of 18% per annum,

for the period of delay from 01.02.2020 to 01.06.2021, in paying the

amounts paid towards petitioner terminal benefits namely EPF

Employee's Contribution, Gratuity and Encashment of Earned/Sick

Leaves, 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

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W.P.No.20369 of 2021

payable for the period of delay shall be at 6% per annum.”

2.In view of the same, I am inclined to dispose this writ petition by

directing the respondent to pay interest at the rate of 4% per annum to the

petitioner's terminal benefits namely EPF Employee's Contribution,

Gratuity and Encashment of Earned/Sick Leaves etc., within a period of

six months in six equated monthly instalments. 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, The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore.

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W.P.No.20369 of 2021

C.SARAVANAN, J.

jas

W.P.No.20369 of 2021

23.09.2021

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