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Madras High CourtWP/20297/2021disposed of

R.Perumal Dr 1954 v. Tamilnadu State Transport Corporation (Coimbatore) Ltd

2021-09-23Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.20297, 20298, 20303, 20306, 20308, 20309, 20312, 20316, 20318 & 20320 of 2021 (Through Video Conferencing) R.PERUMAL ...PETITIONER in WP No.20297 of 2021 B. RAJAN ...PETITIONER in WP No.20298 of 2021 K. SIVARAJ ...PETITIONER in WP No.20303 of 2021 N. KANTHARAJ ...PETITIONER in WP No.20306 of 2021 M.SUKUMARAN ...PETITIONER in WP No.20308 of 2021 R. SIVASANKAR ...PETITIONER in WP No.20309 of 2021 S. VIJAYAKUMAR ...PETITIONER in WP No.20312 of 2021 V.SENTHAMARAIKANNAN ...PETITIONER in WP No.20316 of 2021 K. P. VINCENTMANAIAN ...PETITIONER in WP No.20318 of 2021 K. VELUSAMY ...PETITIONER in WP No.20320 of 2021 Vs TAMIL NADU STATE TRANSPORT CORPORATION, (COIMBATORE) LTD, REP BY ITS MANAGING DIRECTOR, METTUPALAYAM SALAI, COIMBATORE - 64103.

...Respondent in all W.Ps

Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 6% per annum for the belated payment of the petitioner P.F, Gratuity and earned leave salary.

For Petitioner: Ms.H.Nandhini (in all W.Ps) For Respondent: Mr.A.Sundaravadhanam (in all W.Ps) Standing Counsel

ORDER

Though these writ petitions have been filed for a Mandamus, to direct the respondent to pay the petitioner interest at the rate of 6% per annum for the belated payment petitioner P.F, Gratuity and earned leave salary, in terms of the decision of this Court in W.P.No.15886 of 2020 vide order dated 19.01.2021. However, it is noticed that this view has been subsequently modified in W.P.No.506 of 2021 vide order dated 24.03.2021 https://hcservices.ecourts.gov.in/hcservices/

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, these Writ Petitions are disposed by directing the respondent to pay interest at the rate of 4% per annum to the petitioner for the belated payment of P.F, Gratuity and Earned Leave salary etc., within a period of six months in six equated monthly instalments.

3.These Writ Petitions stand disposed of with the above observations. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar jas To The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd, Mettupalayam Salai, Coimbatore - 64103.

+1 CC to Mr.V. Ajoy Khose, Advocate sr 48930. W.P.Nos.20297, 20298, 20303, 20306,20308, 20309, 20312, 20316, 20318 & 20320 of 2021 RSI(CO) SP(22/10/2021) https://hcservices.ecourts.gov.in/hcservices/