Madras High CourtWP/13099/2021disposed of

V.Thangarajan v. The Managing Director

2021-07-26Honourable Mr Justice S.S. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. Nos.13099, 12560, 13100, 13101, 13104, 13105 & 13106 of 2021 1 V.Thangarajan ... Petitioner in WP No.13099 of 2021 1 S.Singaravelu ... Petitioner in WP No.12560 of 2021 2 R.Periyasamy 3 V.Radhakrishnan 4 M.Murali 5 R.Asokan 6 D.Sivaraj 7 M.Kannan 8 A.Shajahan 9 V.Thangarasu 10 V.Srinivasan 11 M.Mariappan 12 G.Rajendran 13 V.Selvaraj 14 S.Mahalingam 15 A.Elumalai 16 J.Sekar 17 K.Baskaran 18 T.Thulasingam 19 G.Perumal 20 M.Ravi 21 G.Selvaraj 22 M.Iyanar 23 S.Kamaraj 24 A.Gopalakrishnan 25 T.Elango 26 M.Gajamoorthy 27 R.Balasubramaniyan 28 D.Kannan 29 K.Karuppaian 30 G.Mahalingam 31 R.Arulmari 32 P.Arumugam 33 S.Vinayagam 34 K.Ravichandran 35 K.Matheeswaran 36 R.Rajendran 37 T.Gnanasekaran

38 V.Selvam 39 J.Arulanandham 40 T.Murugan 41 N.Ragothaman 42 D.Thachanamoorthy ... Petitioner in WP.12560/2021 1 D.Kanniappan ... Petitioner in WP No.13100 Of 2021 1 A.Arumugam ... Petitioner in WP No.13101 Of 2021 1 R.Ramalingam ... Petitioner in WP No.13104 Of 2021 1 R.Santhan ... Petitioner in WP No.13105 Of 2021 1 E.Unthiappan .. Petitioner in WP No.13106 Of 2021

Versus

1 The Managing Director Metropolitan Transport Corporation (CHENNAI) Ltd Pallavan House Chennai- 600 002. ... R1 in WP No.13099, 13100, 13101,13104,13105, & 13106 Of 2021 2 The Managing Director Tamil Nadu State Transport Corporation (VILLUPURAM) Ltd. 3/137 Salamedu Villupuram Villupuram District-605 602.

... R1 in WP No.12560 Of 2021 3 The General Manager Tamil Nadu State Transport Corporation (VILLUPURAM) Ltd. 3/137 Salamedu Villupuram Villupuram District-605 602.

...R2 in WP No.12560 Of 2021 4 The Adminsitrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Pallavan Salai Chennai-600 002.

... R2 in WP No.13099, 13100, 13101,13104,13105, & 13106 Of 2021 ...R3 in WP 12560/2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pay petitioner the difference in surrender leave in the revised basic pay as per 12(3) settlement dated 4.1.2018 with 10% interest and interest for the belated payment of commutation of pension amount paid after 4 years in WP 13099 of 2021.

WP No.12560 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pay interest @ 10 percent for the belated payment of gratuity, Leave Salary and Commutation of pension amount to the petitioners WP No.13100 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents to pay the petitioner the difference in Gratuity amount and surrender Leave in the revised basic pay as per 12 (3) settlement dated 4.01.2018 with interest 10 percentage interest and interest for the belated payment made in the commutation amount.

WP No.13101 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents to pay the petitioner the difference of Gratuity amount with interest and interest for the belated payment of 2nd installment of commutation amount paid after 4 years. WP No.13104 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents to pay the interest at 10 percentage for the belated payments of provident Fund, Gratuity , Surrender leave and the commutation of pension amount to the petitioner. WP No.

13105 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents to pay the petitioner the difference in surrender Leave in the revised basic pay as per 12 (3) settlement dated 4.1.2018 with 10% interest and interest for the belated payment of commutation of pension amount paid after 4 years. WP No.13106 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus Directing the respondents to pay the petitioner the difference in surrender Leave in the revised basic pay as per 12 (3) settlement dated 4.1.2018 with 10% interest and interest for the belated payment of commutation of pension amount paid after 4 years.

For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.K.Moorthy Standing Counsel in all C O M M O N O R D E R These writ petitions are filed by the retired employees of respondent Corporation for issuance of a writ of mandamus directing the respondents to pay interest for the delayed payment of Provident Fund, Gratuity, Commutation of Pension and Leave Salary, etc.

2. In similar cases, this Court has recently reduced interest at 4% for the delayed payment. It is admitted that the petitioners are entitled to terminal benefits and there is delay in settlement of terminal benefits namely Provident Fund, Gratuity, Commutation of Pension and Leave Salary. This Court uniformly has recognised the petitioners' entitlement to interest. Though interest @ 6% was granted earlier, the Courts have subsequently reduced the rate of interest from 6% to 4% considering the difficulties of the Transport Corporation during Covid Pandemic.

3.This Court is inclined to dispose of these writ petitions with the following direction:

The respondent Transport Corporation is directed to pay interest @ 4% per annum for the delayed payment of Provident Fund, Gratuity, Leave Salary and Commutation of Pension. The amount calculated towards interest should be paid in six monthly instalments commencing from 01.09.2021. In case of any further delay in paying instalments within the time stipulated by this order, the interest payable will be @ 6% for the delayed payment. If there is any dispute with regard to quantum, the parties are at liberty to workout their remedy independently.

4. Accordingly, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ssr

To 1.The Managing Direcror, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan House, Chennai - 600 002.

2.The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

3.The General Manager Tamil Nadu State Transport Corporation (VILLUPURAM) Ltd. 3/137 Salamedu Villupuram Villupuram District-605 602.

4.The Adminsitrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Pallavan Salai Chennai-600 002.

+1cc to M/s.C.S.K.Sathish, Advocate, S.R.No.33456 +6cc to M/s.K.Moorthy, Advocate, S.R.No.36145 to 36150 +4cc to M/s.S.T.Varadarajalu, Advocate, S.R.No.35750,33034,33033 W.P. Nos.13099, 12560, 13100, 13101, 13104, 13105 & 13106 of 2021 RR(CO) SB(26/08/2021)