The court dismissed a writ petition for a specific sum but directed the respondent to pay interest at 4% per annum on belated service benefits in six monthly instalments over six months.
Direction to pay interest at 4% per annum on belated service benefits in six equated monthly instalments over six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.NO.20428 OF 2021
(Through Video Conferencing)
E.Saritha
...Petitioner
Vs
The Managing Director,
Metropolitan Transport Corporation,
(Chennai) Ltd,
Pallavan House,
Chennai – 600 002.
...Respondent
Prayer : Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the respondents to
pay the petitioner a sum of Rs.98,597/- towards interest for the
belated payment of service benefits such as P.F, Gratuity and
Surrender Leave Salary.
For Petitioner : Mr.S.T.Varadarajulu
For Respondent : Mr.K.Moorthy
ORDER
Though this writ petition has been filed for a Mandamus,
to direct the respondent to pay the interest amount of
Rs.98,597/- for the belated payment of service benefits such as
P.F, Gratuity and Surrender Leave Salary of the petitioner, 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 respondent to pay interest at the rate of 4%
per annum to the petitioner for the belated payment of P.F,
Gratuity etc., 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(CO)
// True Copy //
Sub Assistant Registrar
jas
To
The Managing Director,
Metropolitan Transport Corporation,
(Chennai) Ltd,
Pallavan House,
Chennai – 600 002.
+1cc to Mr.S.T.Varadarajulu, Advocate, S.R.No.49164
+1cc to Mr.K.Moorthy, Advocate, S.R.No.49103
W.P.No.20428 of 2021
PVS(CO)
RLP(12/10/2021)
2 issues framed by the court
Whether the respondent must pay interest on belated payment of service benefits?
At what rate and in what manner shall the interest be paid?
E. Saritha
The Managing Director, Metropolitan Transport Corporation, (Chennai) Ltd
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court