Madras High CourtWP/14044/2021disposed of

N.Kumaravel v. The Managing Director

2021-07-26Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. Nos.14044, 14046, 14047, 14050, 14051 & 14052 of 2021 N.Kumaravel ... Petitioner in WP No.14044 Of 2021 1.S.Viswanathan ... Petitioner in WP No.14046 Of 2021 Edp No.01270 No.16 5th Street Kumarappa Nagar Katpadi Village-632 007 1.K.Natarajan ... Petitioner in WP No.14047 Of 2021 Edp No.1200 No.69 Ezhil Nagar Sedukkarai Gudiyatham Vellore-635803 1.K.Sampath Kumar ... Petitioner in WP No.14050 Of 2021 Edp No.1213 / Aa0270 No.1/ 119 Velalar Street K.V.Kuppam(Post) Katpadi Taluk Vellore-632 201 1.B.Amanulla ... Petitioner in WP No.14051 Of 2021 Edp No.13046/Aa0231 No.53/22. Central Street Pallikonda Vellore Dist Vellore-635 809 1.A.Elangovan ... Petitioner in WP No.14052 Of 2021 Edp No.Edp No.2215 No.40a Bharathidasan Street Adukkamaparai Vellore-632 011

Versus

1.The Managing Director ... Respondent in WP No.14044 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602 1.The Managing Director ... Respondent in WP No.14046 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602 Tamil Nadu State Transport Corporations 1.The Managing Director ... Respondent in WP No.14047 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602

1.The Managing Director ... Respondent in WP No.14050 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602 Tamilnadu State Transport Corporations 1.The Managing Director ... Respondent in WP No.14051 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602 Tamilnadu State Transport Corporations 1.The Managing Director ... Respondent in WP No.14052 Of 2021 Tamilnadu State Transport Corporation (VILLUPURAM )LIMITED 3/137 Salamedu Valudha Reddy Post Villupuram -605 602 Tamilnadu State Transport Corporations Prayer:

WP No.14044 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 petitioner a sum of Rs.3,45,811/- towards interest for the belated payment of terminal benefits such as PF, Gratuity, Leave Salary and towards surrender of earned leave salary which petitioner surrendered in August 2018 and August 2019 with interest.

WP No.14046 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pay to the petitioner a sum of 3,93,406/- towards interest for the belated payment of terminal benefits such as PF, Gratuity, Leave Salary and commutation towards surrender of earned leave salary which petitioner surrendered in Feb 2019 with interest

WP No.14047 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pay to the petitioner a sum of 3,18,009/- towards interest for the belated payment of terminal benefits such as PF, Gratuity, Leave Salary and towards surrender of earned leave salary which petitioner surrendered in November 2018 WP No.14050 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pay to the petitioner a sum of 1,52,814/- towards interest for the belated payment of terminal benefits such as Gratuity, Leave Salary and commutation WP No.

14051 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pay to the petitioner a sum of 3,15,844/- towards interest for the belated payment of terminal benefits such as Gratuity, Leave Salary and commutation WP No.14052 of 2021 Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to pay to the petitioner a sum of 2,37,907/- towards interest for the belated payment of terminal benefits such as PF, Gratuity, Leave Salary and commutation For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.C.S.K.

Sathish Standing Counsel 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% per annum was granted earlier, the Courts have subsequently reduced the rate of interest from 6% to 4% per annum 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% per annum 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-VI) //True Copy// Sub Assistant Registrar ssr To 1.The Managing Direcror, Tamil Nadu State Transport Corporation, (Villupuram) Limited, 3/137, Salamedu, Valudha Reddy Post, Villupuram - 605 602.

Tamilnadu State Transport Corporations +6cc to M/s.C.S.K.Sathish, Advocate, S.R.No.36061 to 36066 +1cc to M/s.S.T.Varadarajulu, Advocate, S.R.No.35752 W.P. Nos.14044, 14046, 14047, 14050, 14051 & 14052 of 2021 VSN-II(CO) SB(26/08/2021)