P.Elumalai vs The Managing Director
2025 Latest Caselaw 1574 Mad

Madras High Court

P.Elumalai vs The Managing Director on 7 January, 2025

                                                                                    W.P.No.326 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.01.2025

                                                           CORAM

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

                                                      W.P.No.326 of 2025

                     P.Elumalai                                              ... Petitioner

                                                             Vs.


                     1.The Managing Director
                       Tamil Nadu State Transport Coporation (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 is filed under Article 226 of the Constitution of India,
                     to issue a Writ of Mandamus directing the respondents to pay the pending
                     amount of difference of Gratuity of Rs.69,131/- to me as communicated as
                     reply under Right to Information Act 2005 along with interest at the rate of
                     6% per annum payable form the date of retirement in the light of Judgement
                     passed by this Hon'ble High Court on 18.10.2024 in W.P.No.30627 of 2024.



                                     For Petitioner          : Mr.N.Ishak

                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.326 of 2025



                                       For Respondents          : Mr.R.Venkatesa Perumal
                                                           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.69,131/- 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 18.10.2024 made in W.P.No.30627 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 1992 and he retired from his service on

31.12.2016.

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

difference of service gratuity 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.69,131/- is payable to

the petitioner. Hence, the petitioner sent representation dated 04.12.2024 to

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

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 and the learned

counsel for the respondents.

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

respondent Corporation along with a copy of this order. No costs.

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

07.01.2025 dpa Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

To

1.The Managing Director Tamil Nadu State Transport Coporation (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.

MUMMINENI SUDHEER KUMAR, J.

dpa

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

07.01.2025

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