A.R.Akbar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.R.Akbar

...Petitioner

Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No. 3/137, Salamedu, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632009.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the differential gratuity amount of Rs.61,040/- to the petitioner along with interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

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For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to disburse the differential gratuity amount of Rs.61,040/- to the petitioner along with interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

3. The case of the petitioner is that they are retired employees from the Respondent/Corporation. The grievance of the petitioner is that the respondent corporation has not paid the differential gratuity amount of Rs.61,040/- to him, along with interest at the rate of 12% per annum. The petitioner has made representations dated 11.02.2015, 27.11.2023 and 2/5

08.05.2024 in this regard to the respondents and since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representations and pass orders.

5. The learned standing counsel appearing for the respondents submitted that the representations of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representations of the petitioner and pass appropriate orders and pay the eligible amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. It is made clear that the amount should carry 6% interest per annum from the date on which the 3/5

amount became due and payable till the date of disbursement, if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement.

7. With the above directions, this Writ Petition stands disposed of. No order as to costs.

21.01.2025 Index:Yes/No Speaking order/Non-speaking order kv To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No. 3/137, Salamedu, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632009.

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V.BHAVANI SUBBAROYAN,J.

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