L.Selvi vs The Tamil Nadu State Transport ...
2021 Latest Caselaw 19974 Mad

                                                        W.P.No.20844 of 2021


          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED : 29.09.2021

                         CORAM
          THE HONOURABLE MR.JUSTICE C.SARAVANAN

                          W.P.No.20844 of 2021

                     (Through Video Conferencing)

L.Selvi                                               ... Petitioner

                                   Vs

1.The Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
  Rep. by its Managing Director,
  No.37, Mettupalayam Salai,
  Coimbatore - 641043.

2. The Tamil Nadu State Transport Corporations
   Employees Pension Fund Trust,
   Rep. by its Administrator,
   Thiruvalluvar Illam,
   Pallavan Saalai,
   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 the petitioner
interest at the rate of 4% per annum for the belated payment of the P.F.,
Gratuity, commuted value of pension and encashment of earned
leave/sick leave.

             For Petitioner    : Ms.H.Nandhini

             For Respondents   : Mr.A.Sundaravadhanam



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                                                            W.P.No.20844 of 2021




                               ORDER

This writ petition has been filed for a Mandamus, to direct the

respondents to pay the petitioner interest at the rate of 4% per annum for

the belated payment of the P.F., Gratuity, commuted value of pension

and encashment of earned leave/sick leave, 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.”

W.P.No.20844 of 2021

2. Considering the same, this Writ Petition is disposed by directing

the respondents to pay interest at the rate of 4% per annum to the

petitioner belated payment of the P.F., Gratuity, commuted value of

pension and encashment of earned leave/sick leave etc., within a period

of six months in six equated monthly instalments.

3. This Writ Petition stands disposed of with the above

observations. No costs.

29.09.2021

Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order rgm/jas

To

1. The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Salai, Coimbatore – 641 043.

2. The Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Saalai, Chennai – 2.

W.P.No.20844 of 2021

C.SARAVANAN, J.

rgm

W.P.No.20844 of 2021

29.09.2021