R. Gnanasekaran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.18528 OF 2021 (THROUGH VIDEO CONFERENCING) R.Gnanasekaran ... Petitioner Vs

1. The Managing Director, Vazhuthareddy, Villupuram-605 602.

2. The General Manager, Kanchipuram Division, Karaipettai, Kanchipuram-631 552.

3. The Administrator, Tamil Nadu State Transport Corporaqtion Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, 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 Respondents to pay the interest amount for Rs.12,55,280/- for the Petitioner's delayed payment of Gratuity amount, Commutation amount and Encashment of Leave amount with 6% interest per annum till the date of payment, as per the Petitioner's representation dated 09.04.2021.

For Petitioner : Mr.R.Anbalagan For Respondents : Mr.C.S.K.Sathish

O R D E R

Though this writ petition has been filed for a Mandamus, to direct the respondents to pay the interest amount for Rs.12,55,280/- for the Petitioner's delayed payment of Gratuity amount, Commutation amount and Encashment of Leave amount with 6% interest per annum till the date of payment, 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 respondents to pay interest at the rate of 4% per annum to the petitioner for the delayed payment of gratuity amount etc., 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 jas To

1. The Managing Director, Vazhuthareddy, Villupuram-605 602.

2. The General Manager, Kanchipuram Division, Karaipettai, Kanchipuram-631 552.

3. The Administrator, Tamil Nadu State Transport Corporaqtion Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1cc to Mr.R.Anbalagan, Advocate, S.R.No.44791 W.P.No.18528 of 2021 SV-I(CO) CS/12/10/2021