C.Aseervatham v. Tamil Nadu State Transport Corporation (Coimbatore) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.19389, 19393, 19394, 19398 & 19401 of 2021 (Through Video Conferencing)

1. C.Aseervatham ... Petitioner in W.P.No.19389 of 2021

2. K.M.Selvaraj ... Petitioner in W.P.No.19393 of 2021

3. R.Subramanian ... Petitioner in W.P.No.19394 of 2021

4. S.Palanisamy ... Petitioner in W.P.No.19398 of 2021

5. S.Sivaraj ... Petitioner in W.P.No.19401 of 2021 Vs Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. by its Managing Director, Mettupalayam Road, Coimbatore-43.

... Respondents in all W.Ps Common Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondent to pay interest to the petitioner for the belated payment of P.F, earned leave salary and Gratuity at the rate of 4% per annum, within a specified time.

For Petitioners : Mr.R.Krishnaswamy (In all W.Ps) For Respondent : Mr.A.Sundaravadhanam (In all W.Ps) COMMON ORDER Though these writ petitions have been filed for a Mandamus, to direct the respondents to pay the petitioners interest at the rate of 4% per annum for the belated payment of the petitioners P.F, earned leave salary and Gratuity, 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 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.In view of the same, I am inclined to dispose these writ petitions by directing the respondents to pay interest at the rate of 4% per annum to the petitioners for the belated payment of P.F, earned leave salary etc., within a period of six months in six equated monthly instalments. These Writ Petitions stand disposed of with the above observations. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jas To The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore-43.

+1cc to Mr.V.Ajoy Khose, Advocate SR.No. 46746 W.P.Nos.19389, 19393, 19394, 19398 & 19401 of 2021 PA(CO) B.VC(07.10.2021) https://hcservices.ecourts.gov.in/hcservices/