G.Thangarajan v. M/S.Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.19249 OF 2021 (Through Video Conferencing) G.Thangarajan ... Petitioner .Vs.

M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., Represented by its Managing Director, No.12, Ramakrishna Road, Salem - 636 007.

... Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to settle a sum of Rs.10,32,181/- to the petitioner herein towards settlement of terminal benefits and interest for belated settlement of terminal benefits by considering the representation of the petitioner dated 06.07.2021. For Petitioner :

Mr.D.Soundar Raj For Respondent :

Mr.D.Raghu Standing Counsel

ORDER

Though this writ petition has been filed for a Mandamus, to direct the respondent to settle a sum of Rs.10,32,181/- for the belated settlement of the petitioner's terminal benefits, 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:- https://hcservices.ecourts.gov.in/hcservices/

"(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 respondent to pay the interest at the rate of 4% per annum to the petitioner for the belated settlement of terminal benefits 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 //True Copy// Sub Assistant Registrar arb To The Managing Director, M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007.

+1cc to Mr.D.Raghu, Standing Counsel for TNSTC, S.R.No.46562 W.P.NO.19249 OF 2021 KSM(CO) PBS/27/09/2021 https://hcservices.ecourts.gov.in/hcservices/