Madras High Court
M.Subramanian vs The Managing Director on 4 October, 2023
W.P.No.28452 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.28452 of 2023
M.Subramanian ... Petitioner
Vs.
1. The Managing Director,
Metropolitan Transport Corporation (Villupuram) Ltd.,
3/137, Salamedu, Valudhareddy Post
Villupuram – 605 602
2. The General Manager,
Tamilnadu State Transport Corporation (Villupuram) Ltd.,
Kancheepuram Regional Office
Ponnerikkarai, Karapettai,
Chennai Bangaluru Highway
Kancheepuram – 631 552 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus directing the respondents to pay the
pending amount of difference of Leave Liability of Rs.36,984/- difference of
gratuity of Rs.9,857/- and Rs.19,940/- of surrender value of earned leave
as communicated in letter no.61540/S.Admn12/TNSTC(V)KPM/2023 dated
03.08.2023 and letter no.123/P1TNSTC(VPM)KPM/2023 dated 23.08.2023
under Right to Information act 2005 along with interest at the rate of 4% per
annum payable from the date of retirement in the light of Judgment made
by this Court on 15.06.2023 in W.P.No.17792 of 2023 within the time that
may be stipulated by this Court.
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.28452 of 2023
For Petitioner : Mr. N.Ishak
For Respondents : Mr.R.Venkatesa Perumal
Standing Counsel
ORDER
With consent on either side, the main Writ Petition itself is taken up
for final disposal at the admission stage.
2. The petitioner had retired from service from the respondent
Corporation on 31.07.2022. From the retirement benefits, many dues
including difference of leave salary and difference of service gratuity
amount are still pending even after settling the terminal benefits on
30.05.2023. To an application made by the petitioner under the Right to
Information Act, seeking for pending quantum difference of leave salary
and the gratuity amounts payable, the respondents, in their replies dated
03.08.2023 and 23.08.2023 had stated that a sum of Rs.36,984/- as
difference of leave liability, Rs.59,857/- as difference of Gratuity and
Rs.19,940/- as surrender value of earned leave are pending payable
amounts.
3. In view of the admitted fact that the petitioner is eligible for the
amount, which has not been paid till date, the petitioner would be entitled
for interest on the outstanding amount. Further, this Court in W.P.No.17792
of 2023 dated 15.06.2023 has also directed the authorities to pay interest
for the belated payment.
https://www.mhc.tn.gov.in/judis
W.P.No.28452 of 2023
4. In the light of the above observations and the earlier order passed
by this Court in W.P.No.17792 of 2023 dated 15.06.2023, the respondents
are directed to pay the petitioner a sum of Rs.36,984/-, as difference of
leave liability, Rs.59,857/-, as difference of Gratuity and Rs.19,940/-, as
surrender value of earned leave sum of Rs.36,984/- as difference of leave
liability, Rs.59,857/- as difference of Gratuity and Rs.19,940/-, as surrender
value of earned leave together with interest at the rate of 4% from the date
on which he would be eligible for such payment, till the date of actual
disbursement, within a period of four weeks from the date of receipt of a
copy of this order.
5. Accordingly, the Writ Petition stands allowed. No costs.
04.10.2023
Index:Yes/No
Internet:Yes/No
Speaking / Nonspeaking order
ssd
To
1. The Managing Director,
Metropolitan Transport Corporation (Villupuram) Ltd.,
3/137, Salamedu, Valudhareddy Post
Villupuram – 605 602
2. The General Manager,
Tamilnadu State Transport Corporation (Villupuram) Ltd.,
Kancheepuram Regional Office
Ponnerikkarai, Karapettai,
Chennai Bangaluru Highway
Kancheepuram – 631 552
https://www.mhc.tn.gov.in/judis
W.P.No.28452 of 2023
V.BHAVANI SUBBAROYAN J.
ssd
W.P.No.28452 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
