Madras High Court
C.Ulaganathan vs The Managing Director on 4 October, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.29052 of 2024
C.Ulaganathan ... 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.,
Vellore Regional Office,
Rangapuram,
Vellore – 632 009. ...
Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to pay the pending
amount of difference of Service Gratuity of Rs.61,509/- and the pending amount of
difference of Leave Liability of Rs.124/- to the Petitioner as communicated in Letter
No. 06187 / PIO / TNSTC (V) / 2024 dated 29.07.2024 under Right to Information
Act 2005 along with interest at the rate of 6 percent per annum from the date of
1/6
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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 for the issue of writ of Mandamus directing
the respondents to pay the pending amount of difference of Service Gratuity of
Rs.61,509/- and the pending amount of difference of Leave Liability of Rs.124/- to
the Petitioner as communicated in Letter No. 06187 / PIO / TNSTC (V) / 2024
dated 29.07.2024 under Right to Information Act 2005 along with interest at the
rate of 6 percent 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.The case of the petitioner is that he was working as a Driver in the
respondent Corporation from 26.01.1986. After completion of 31 years of service,
he retired from service as “Special Grade Driver” on 31.07.2017.
3.The further case of the petitioner is that the respondents failed to pay the
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pending amount of difference of Service Gratuity of Rs.61,509/- and the pending
amount of difference of Leave Liability of Rs.124/-. The petitioner made an
application under the Right to Information Act and the respondent also provided
the details of amount to be paid to the petitioner under this head through
information dated 29.07.2024. Since the amount due and payable towards the
pending amount of difference of Service Gratuity and the pending amount of
difference of Leave Liability were not paid to the petitioner, the present writ petition
has been filed seeking for appropriate directions.
4.Heard Mr.N.Ishak, learned counsel for the petitioner and Mr.R.Venkatesa
Perumal, learned Standing counsel for respondents.
5.Taking into consideration the facts and circumstances of the case and the
RTI information dated 29.07.2024 that was furnished to the petitioner, there shall
be a direction to the respondent Corporation to settle the eligible amount due and
payable, within a period of six weeks from the date of receipt of a copy of this order
with 6% interest from the date of retirement till the date of actual realisation. If
there is any delay in settling the amount within the time frame fixed by this Court,
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the respondent Corporation will be liable to pay interest at the rate of 12% from the
date of retirement till the date of actual realisation.
6.The petitioner is directed to make a fresh representation to the respondent
along with a copy of this order.
7.This writ petition is disposed of with the above directions. No costs.
04.10.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
3/137, Salamedu,
Valudhareddy Post,
Villupuram 605 602.
https://www.mhc.tn.gov.in/judis
2.The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Vellore Regional Office,
Rangapuram,
Vellore – 632 009.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
04.10.2024
https://www.mhc.tn.gov.in/judis
