K.Dhanasekaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20557 of 2021 (Through Video Conferencing) K.Dhanasekaran ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhutha Reddy, Villupuram - 605 602.
2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Kancheepuram Division, Karraipettai, Kanchipuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the interest for the Petitioner's delayed payment of Gratuity amount, Commutation amount, Encashment of Leave amount and salary for 10 days from 21.04.2017 to 30.04.2017 with 6% interest per annum till the date of payment, to pay the balance amount in which the Petitioner's increments(weightage) are cut down from 1999 for punishing him suo moto, even the Petitioner was acquitted by the Court for three accident cases and to add by calculating 3rd Review, to pay rectified new pension and to
handover the Petitioner's Service Book, as per representation dated 21.06.2021.
For Petitioner : Mr.R.Anbalagan For Respondents: Mr.G.Saravana Kumar Standing Counsel
ORDER
Though this writ petition has been filed for a Mandamus, to direct the respondents to pay interest for his delayed payment of Gratuity amount, Commutation amount, Encashment of Leave amount and salary for 10 days from 21.04.2017 to 30.04.2017 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. However, 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 consider the representations dated 21.06.2021 of the petitioner and to pay interest at the rate of 4% per annum for the belated payment of Gratuity and other legal dues to the petitioner within a period of six months in six equated monthly instalments. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar
rrg To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited Vazhutha Reddy, Villupuram - 605 602.
2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited Kancheepuram Division, Karraipettai, Kanchipuram - 631 552.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.R.Anbalagan, Advocate, S.R.No.49576 +1cc to the Government Pleader, S.R.No.50097 W.P.No.20557 of 2021 GPL(CO) SB(04/10/2021)