Madras High Court
P.Kanthimathi vs The Managing Director on 29 September, 2021
W.P.No.20915of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20915 of 2021
(Through Video Conferencing)
P.Kanthimathi ... Petitioners
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Salem) Limited,
Ramakrishna Salai,
Salem 636 6007.
2.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 disburse the
payments relating to Leave Surrender arrears, Social Welfare Fund,
ERBS Pension, 15 days salary and IRT share and all other retirement
benefits along with the entitled difference of dearness allowances and 7th
Pay Commission different wages also, with interest at 12% per annum
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with effect from 01.05.2017 within the stipulated time as may be fixed by
this Court.
For Petitioner : Mr.N.Desingu
For Respondents : Mr.D.Raghu
Standing Counsel
ORDER
This writ petition has been filed for a Mandamus, to direct the
Respondents to disburse the payments relating to Leave Surrender
arrears, Social Welfare Fund, ERBS Pension, 15 days salary and IRT
share and all other retirement benefits along with the entitled difference
of dearness allowances and 7th Pay Commission different wages 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
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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 representation dated 02.09.2021 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 petitioners within a
period of six months in six equated monthly instalments. No costs.
29.09.2021
Index: Yes/ No
Internet : Yes/No
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To
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W.P.No.20915of 2021
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Salem) Limited,
Ramakrishna Salai,
Salem 636 6007.
2.The Administrator
Tamil Nadu State Transport Corporation,
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002.
C.SARAVANAN,J.
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