Madras High Court
N.Dasarathan vs The Managing Director on 1 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.28988 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.28988 of 2024
N.Dasarathan
S/o. Narasaiya ... Petitioner
Vs.
1. The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
3/137, Salamedu,
Valudhareddy Post,
Villupuram - 605 602.
2. The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Kancheepuram Regional Office,
Karapettai, Ponnerikarai,
Kancheepuram - 631 552. ...
Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondents to pay
the pending amount of difference of Service Gratuity of Rs.46,357/- and
the pending amount of difference of Leave Liability of Rs.43,985/- to the
petitioner as communicated in Letter
No.61540/Sa.Ni.12/TNSTC(V)KPM/2024 dated 26.07.2024 under Right
to Information Act 2005 along with the interest at the rate of 6% per
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Writ Petition No.28988 of 2024
annum from the date of retirement in the light of the judgment passed by
this Court on 11.01.2024 in W.P.No.568 of 2024 within the time that
may be stipulated by this Court.
For Petitioner : Mr.N.Ishak
For Respondents : Mr.R.Venkatesa Perumal
Standing Counsel
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents to pay the pending amount of
difference of Service Gratuity of Rs.46,357/- and the pending amount of
difference of Leave Liability of Rs.43,985/- to the petitioner as
communicated in Letter No.61540/Sa.Ni.12/TNSTC(V)KPM/2024 dated
26.07.2024 under Right to Information Act 2005 along with the interest
at the rate of 6% per annum from the date of retirement in the light of the
judgment passed by this Court on 11.01.2024 in W.P.No.568 of 2024
within the time that may be stipulated by this Court.
2. Heard Mr.N.Ishak, learned counsel for petitioner and
Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for
respondents.
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Writ Petition No.28988 of 2024
3. The case of the petitioner is that he joined the services of the
respondent transport corporation as Canteen Helper on 18.10.1988 and
he retired from service on 30.06.2017.
4. The grievance of the petitioner is that the respondents have
settled the terminal benefits without including the difference amounts of
service gratuity and leave liability. In view of the same, the petitioner
submitted a representation to the respondents on 17.08.2024 to settle the
aforesaid benefits. Since the same was not considered, the present writ
petition has been filed.
5. Taking into consideration the facts and circumstances of the
case and the grievance expressed by the petitioner, there shall be a
direction to the respondents to pay the eligible and admissible amount
with interest at the rate of 6% p.a. for the belated payment to the
petitioner within a period of six (6) weeks from the date of receipt of a
copy of this order. It is made clear that if the amount is not paid within
the time frame fixed by this Court, it will fetch interest at the rate of 12%
p.a. from the date on which the amount became due and payable till the
date of actual realisation.
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Writ Petition No.28988 of 2024
N.ANAND VENKATESH, J
gm
6. The petitioner is directed to submit a fresh representation to
the respondents along with a copy of this order.
This Writ Petition is disposed of with the above direction. No
costs.
01.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1. The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
3/137, Salamedu, Valudhareddy Post,
Villupuram - 605 602.
2. The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Kancheepuram Regional Office,
Karapettai, Ponnerikarai,
Kancheepuram - 631 552.
Writ Petition No.28988 of 2024
https://www.mhc.tn.gov.in/judis
