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M.Sampath - 03598 vs The Managing Director
2024 Latest Caselaw 19582 Mad

Citation : 2024 Latest Caselaw 19582 Mad
Judgement Date : 18 October, 2024

Madras High Court

M.Sampath - 03598 vs The Managing Director on 18 October, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                         W.P.No.30643 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.30643 of 2024

                     M.Sampath - 03598                                       .. 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 Rs.50,201/- towards the total value of surrender leave
                     salary, Rs.24,614/- towards eleven days wages and the monthly
                     differential pension amount @ Rs.2,363/- per month under Right to
                     Information Act, 2005 along with interest at the rate of 6% per annum

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                     1/7
                                                                               W.P.No.30643 of 2024

                     payable from the date of retirement in the light of 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 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 Rs.50,201/-

towards the total value of surrender leave salary, Rs.24,614/- towards

eleven days wages and the monthly differential pension amount @

Rs.2,363/- per month 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 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 joined the services of the

respondent Corporation in the year 1987 and he retired from his service

https://www.mhc.tn.gov.in/judis

on 31.05.2022.

3.The grievance of the petitioner is that after his retirement, his

terminal benefits were paid to him only on 25.06.2023 and surrender

leave salary of 2018 and 2019, eleven days wages amount and the

difference in pension amount of Rs.2,363/- per month are still pending to

be 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 the total surrender

leave salary of Rs.50,201/-, wages for the period from 21.05.2022 to

31.05.2022 of Rs.24,614/- and monthly differential pension @ Rs.2,363/-

per month 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

https://www.mhc.tn.gov.in/judis

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.




                                                                                      18.10.2024
                                                                                          (3/3)

                     krk

                     Index                    : Yes / No
https://www.mhc.tn.gov.in/judis



                     Internet           : Yes / No
                     Neutral Citation   : Yes / No


                     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.

krk

18.10.2024

https://www.mhc.tn.gov.in/judis

(3/3)

https://www.mhc.tn.gov.in/judis

 
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