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Madras High CourtWP/17960/2021disposed of

P.Dhanasekar v. The General Manager

2021-08-26Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.17960 of 2021 (Through Video Conferencing) P.Dhansekar ... Petitioner Vs 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

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 respondents to pay the petitioner a sum of Rs.2,37,793/- towards interest for the belated payment of terminal benefits such as Provident Fund, Gratuity, Leave Salary and commutation amount. For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.C.S.K.Sathish

ORDER

Though this writ petition has been filed for a Mandamus, to direct the respondents to settle sum of Rs.2,37,793/- for the belated payment of terminal benefits of the petitioner's Provident Fund, Gratuity, Leave Salary and commutation amount, 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 https://hcservices.ecourts.gov.in/hcservices/

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 belated payment of terminal benefits such as Provident Fund, Gratuity, 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-IX) // True Copy // Sub Assistant Registrar jas To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

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

+1CC to Mr.S.T.Varadarajulu, Advocate, SR.No. 43219 W.P.No.17960 of 2021 KK(CO) B.VC (06/10/2021) https://hcservices.ecourts.gov.in/hcservices/