Single Judge of Madras HC dismissed a writ petition seeking interest on delayed gratuity and leave encashment, directing 4% per annum interest payable in six monthly installments instead.
Directing respondents to pay interest at 4% p.a. on delayed gratuity etc. in six equated monthly installments within six months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.NO.18529 OF 2021
(THROUGH VIDEO CONFERENCING)
A.Mohan
... Petitioner
Vs
Prayer :
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to pay the interest amount for Rs.17,73,993/- for the Petitioner's delayed payment of Gratuity amount, Commutation amount and Encashment of Leave amount with 6% interest per annum till the date of payment and also the Petitioner's 10 days salary for the period of 21.06.2019 to 30.06.2019, as per the Petitioner's representation dated 12.04.2021.
For Petitioner : Mr.R.Anbalagan For Respondents : Mr.C.S.K.Sathish
O R D E R
Though this writ petition has been filed for a Mandamus, to direct the respondents to pay the interest amount for Rs.17,73,993/- for the Petitioner's delayed payment of Gratuity amount, Commutation amount and Encashment of Leave amount with 6% interest per annum till the date of payment and also the Petitioner's 10 days salary for the period of 21.06.2019 to 30.06.2019, 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 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.”
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
jas
To
Vazhuthareddy, Villupuram-605 602.
1 issue framed by the court
Whether a writ of mandamus should be issued directing payment of interest for delayed gratuity and leave encashment amounts.
1 provisions across 1 enactments
A. Mohan
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited
The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
