Madras High Court
K.Baskar vs Tamil Nadu State Transport on 30 September, 2021
W.P.Nos.20986 of 2021 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.20986, 20989, 20990, 20991, 20992, 20993 & 20996 of 2021
(Through Video Conferencing)
1.K.Baskar ... Petitioner
in W.P.No.20986 of 2021
2.D.Ganesan ... Petitioner
in W.P.No.20989 of 2021
3.V.M.Sundaravadivelu ... Petitioner
in W.P.No.20990 of 2021
4.G.Murugesan ... Petitioner
in W.P.No.20991 of 2021
5.C.Rajamani ... Petitioner
in W.P.No.20992 of 2021
6.C.Thulasithasan ... Petitioner
in W.P.No.20993 of 2021
7.M.Sundararajan ... Petitioner
in W.P.No.20996 of 2021
Vs
1.Tamil Nadu State Transport
Corporation (Villupuram) Limited,
Represented by
The Managing Director,
3/137, Salamedu,
Villupuram – 605 602.
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W.P.Nos.20986 of 2021 etc batch
2.The General Manager,
Tamil Nadu State Transport
Corporation (Villupuram) Limited,
Vellore Region, Rangapuram,
Vellore – 632 009.
3.Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust,
Represented by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 600 002. ... Respondents in all W.Ps
Common Prayer: Petitions filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents to pay the
petitioners interest at the rate of 6% per annum for the belated payment
of the petitioners Gratuity, Earned Leave Salary and Commuted Value of
Pension.
For Petitioners : Ms.H.Nandhini
(In all W.Ps)
For Respondents : Mr.G.Saravana Kumar
(In all W.Ps) Standing Counsel
COMMON ORDER
These writ petitions have been filed for a Mandamus, to direct the
respondents to pay interest at the rate of 6% per annum for the belated
payment of the petitioners Gratuity, Earned Leave Salary and Commuted
Value of Pension, 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
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W.P.Nos.20986 of 2021 etc batch
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, these Writ Petitions are disposed by
directing the respondents to pay interest at the rate of 4% per annum to
the petitioners for the belated payment of Gratuity, Earned Leave Salary
and Commuted Value of Pension etc., within a period of six months in six
equated monthly instalments. No costs.
30.09.2021
Index: Yes/ No
Speaking/Non-speaking Order
arb
C.SARAVANAN,J.
http://www.judis.nic.in
W.P.Nos.20986 of 2021 etc batch
arb
To
1.The Managing Director,
Tamil Nadu State Transport
Corporation (Villupuram) Limited,
3/137, Salamedu,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport
Corporation (Villupuram) Limited,
Vellore Region, Rangapuram,
Vellore – 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporations
Employees' Pension Fund Trust,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 600 002.
W.P.Nos.20986, 20989, 20990, 20991,
20992, 20993 & 20996 of 2021
30.09.2021
http://www.judis.nic.in
