Madras High Court
K.Kumar vs The Managing Director on 24 September, 2021
W.P.No.20550 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20550 of 2021
(Through Video Conferencing)
K.Kumar ... 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 amount
for Rs.8,86,993/- for my delayed payment of Gratuity amount,
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Commutation amount and Encashment of Leave amount with 6% interest
per annum till the date of payment and also my 11 days salary for the
period of 21.05.2019 to 31.05.2019; to pay IIIrd Review Increment
payable from the year 2017 and fix my monthly salary as per it's loss;
rectify wrongly issued of my Retirement Certificate for mentioning my
service period as 19 years instead of 22 years and hand over my Service
Register as per my representation dated 18.06.2021.
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 amount of Rs.8,86,993/- for his delayed
payment of Gratuity amount, Commutation amount and Encashment of
Leave amount 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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“(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 18.06.2021 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.20550 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.20550 of 2021
C.SARAVANAN,J.
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W.P.No.20550 of 2021
24.09.2021
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