Madras High Court
D.Srithar – 03538 vs The Managing Director on 18 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.30627 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.30627 of 2024
D.Srithar – 03538 .. Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
3/137, Salamedu, Valudhareddy Post,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
Vellore Regional Office, Rangapuram,
Vellore – 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporation Employees
Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to pay the
pending amount of difference of Gratuity of Rs.1,35,400/-, difference of
Leave Salary of Rs.78,986/-, differential pension amount of Rs.43,358/-
and a total surrender Leave Salary of Rs.54,602/- to the petitioner as
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W.P.No.30627 of 2024
communicated to him under Right to Information Act, 2005 along with
interest at the rate of 6% per annum payable from the date of retirement
in the light of the judgment passed by this Court dated 11.01.2024 made
in W.P.No.568 of 2024 within the time that may be stipulated by this
Court.
For petitioner : Mr.N.Ishak
For RR 1 & 2 : Mr.R.Venkatesa Perumal
Standing Counsel
For R3 : Mr.C.S.K.Sathish
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
Gratuity of Rs.1,35,400/-, difference of Leave Salary of Rs.78,986/-,
differential pension amount of Rs.43,358/- and a total surrender Leave
Salary of Rs.54,602/- to the petitioner as communicated to him under
Right to Information Act, 2005 along with interest at the rate of 6% per
annum payable from the date of retirement in the light of the judgment
passed by this Court dated 11.01.2024 made in W.P.No.568 of 2024
within the time that may be stipulated by this Court.
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2.The case of the petitioner is that he joined the services of the
respondent Corporation in the year 1987 and he retired from his service
on 10.12.2020 on voluntary retirement.
3.The grievance of the petitioner is that after his retirement, the
difference of service gratuity, difference of leave salary and surrender
leave salary are not paid to the petitioner. Hence, the petitioner sought
for reply under Right to Information Act, 2005 about the pending
amounts payable to him and the respondent Corporation informed that
difference of Gratuity of Rs.1,35,400/-, difference of Leave Salary of
Rs.78,986/-, differential pension amount of Rs.43,358/- and a total
surrender Leave Salary of Rs.54,602/- are payable to the petitioner.
Hence, the petitioner sent representation dated 19.09.2024 to the
respondents seeking for payment of terminal benefits. Since the same did
not evoke any response, the petitioner has come with the present writ
petition for the relief sought for above.
4.Heard the learned counsel for the petitioner, learned Standing
Counsel for the respondents 1 & 2 and the learned Standing Counsel for
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the 3rd respondent.
5.Taking into consideration the facts and circumstances of the case
and the materials available on record, this writ petition is disposed of
with a direction to the respondents to pay the eligible amount with
interest at the rate of 6% per annum for the delay period in settling the
terminal benefits. This payment shall be made 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 an interest at the rate of 12% per annum from the date on
which the amount became due and payable till the date of actual
realisation.
6.The petitioner is directed to submit a fresh representation to the
3rd respondent along with a copy of this order. No costs.
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Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
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To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
3/137, Salamedu, Valudhareddy Post,
Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation (Villupuram) Limited,
Vellore Regional Office, Rangapuram,
Vellore – 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporation Employees
Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
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18.10.2024
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