Madras High Court
Unknown vs Tamil Nadu State Transport ... on 27 September, 2021
W.P.No.20672 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20672 of 2021
and
WMP.No.21943 of 2021
(Through Video Conferencing)
1.Manimaran S
Superintendent,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore -64`1 043.
2.A.Pannerselvam
Assistant Engineer,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore -641 043.
3.C.Rangarajan
Special Grade Conductor,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore -641 043.
4.A.Venkatachalam
Foreman
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore -64`1 043.
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5.K.Mohanasundaram
Senior Superintendent,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore -641 043.
6.S.Anand
Senior Assistant,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division – 2,
Mettupalayam Road, Coimbatore - 641 043. ... Petitioners
Vs
1.Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division I
Rep. by its Managing Director.
No.37,Mettupalayam Road,
Coimbatore.
2.The Administrator
Tamil Nadu Pension Trust,
Pallavan Salai,
Chennai. ... Respondents
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the first Respondent herein to pay
interest for the delayed payments made to the Petitioners in respect of
Gratuity, Commutation, Provident Fund, Earned Leave etc.,
For Petitioner : Mr.D.Anand Raja
For Respondents : Mr.VPR. Elamparuthi
Government Advocate
ORDER
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This writ petition has been filed for a Mandamus, to direct the first
Respondent herein to pay interest for the delayed payments 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.”
2. Considering the same, this Writ Petition is disposed by directing
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the first respondent to consider the representation dated 12.08.2021 of
the Petitioners and to pay interest at the rate of 4% per annum for the
belated payment of Gratuity and other legal dues to the petitioners within
a period of six months in six equated monthly instalments. No costs.
Consequently, connected WMP is closed.
27.09.2021
Index: Yes/ No
Internet : Yes/No
rrg
To
1.The Managing Director.
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division I
No.37,Mettupalayam Road,
Coimbatore.
2.The Administrator
Tamil Nadu Pension Trust,
Pallavan Salai,
Chennai.
C.SARAVANAN,J.
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rrg
W.P.No.20672 of 2021
27.09.2021
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