J.Samuvel v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.17427 of 2021 (Through Video Conferencing) 1.J.Samuvel 2.S.Loganathan 3.K.Velumurugan 4.T.Uthayakumar 5.S.Jayaraman 6.K.Srinivasan 7.E.Ravi 8.D.Baskaran 9.N.Rangarajan 10.E.Narasiman 11.R.Kumar 12.K.kangadharan 13.G.Sampathkumar 14.V.Krishnakutty 15.P.Pathiban 16.K.Samasundaram 17.M.D.Isaac Newton 18.A.Sivaramabharathi 19.I.Murugan 20.A.Gopal 21.K.Ravichandran 22.K.R.Arulalan 23.K.Nallathambi 24.P.Lakshman 25.K.Uamapathy 26.R.Narayanamurthi

...Petitioners

Vs

1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., 2, Pallavan Illam, Anna Salai, Chennai - 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

...Respondents

Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to pay interest @ 10% for the belated payment of Provident Fund, Gratuity, Leave Salary and communication of pension amount to the petitioners.

For Petitioners : Mr.S.T.Varadarajulu For Respondents : Mr.K.Moorthy

ORDER

Though this writ petition has been filed for a Mandamus, to direct the first respondent to pay the petitioner interest at the rate of 10% per annum for the belated payment of the petitioner Provident Fund, Gratuity, Leave Salary and Communication of Pension, in terms of the decision of this Court in W.P.No.15886 of 2020 vide order dated 19.01.2021, 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."

2. Considering the same, this Writ Petition is disposed by directing the first respondent to pay interest at the rate of 4% per annum to the petitioner for the belated payment of Provident Fund, Gratuity et cetera within a period of six months in six equated monthly instalments.

3. This Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

arb To

1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., 2, Pallavan Illam, Anna Salai, Chennai - 600 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.S.T.Varadarajulu, Advocate, S.R.No.42133 +1cc to Mr.K.Moorthy, Advocate, S.R.No.42606 W.P.No.17427 of 2021 RLD(CO) CT(20/09/2021)