Madras High Court
K.Dhanasekaran vs The Managing Director on 24 September, 2021
W.P.No.20557 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20557 of 2021
(Through Video Conferencing)
K.Dhanasekaran ... Petitioner
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Limited
Vazhutha Reddy,
Villupuram – 605 602.
2.The General Manager
Tamil Nadu State Transport Corporation
(Villupuram) Limited
Kancheepuram Division,
Karraipettai, Kanchipuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002. ... Respondents
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus directing the respondents to pay the interest for my
delayed payment of Gratuity amount, Commutation amount, Encashment
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W.P.No.20557 of 2021
of Leave amount and salary for 10 days from 21.04.2017 to 30.04.2017
with 6% interest per annum till the date of payment, to pay the balance
amount in which my increments(weightage) are cud down from 1999 for
punishing me suo moto, even I was acquitted by the Court for three
accident cases and to add by calculating 3rd Review, to pay rectified new
pension and to handover my Service Book, as per representation dated
21.06.2021.
For Petitioner : Mr.R.Anbalagan
For Respondents : Mr.G.Saravana Kumar
Standing Counsel
ORDER
Though this writ petition has been filed for a Mandamus, to direct
the respondents to pay interest for his delayed payment of Gratuity
amount, Commutation amount, Encashment of Leave amount and salary
for 10 days from 21.04.2017 to 30.04.2017 with 6% interest per annum till
the date of payment 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:-
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W.P.No.20557 of 2021
“(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.”
2. Considering the same, this Writ Petition is disposed by directing
the respondents to consider the representations dated 21.06.2021 of the
petitioner and to pay interest at the rate of 4% per annum for the belated
payment of Gratuity and other legal dues to the petitioner within a period
of six months in six equated monthly instalments. No costs.
24.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
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W.P.No.20557 of 2021
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram) Limited
Vazhutha Reddy,
Villupuram – 605 602.
2.The General Manager
Tamil Nadu State Transport Corporation
(Villupuram) Limited
Kancheepuram Division,
Karraipettai, Kanchipuram – 631 552.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002.
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W.P.No.20557 of 2021
C.SARAVANAN,J.
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W.P.No.20557 of 2021
24.09.2021
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