G.K.Harinath v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM:

The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.K.Harinath .. Petitioner vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, No.3/137, Salamedu, Varuthareddy Post, Villupuram - 605 602.

2.The Administrator Tamil Nadu State Transport Corporation Employee Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to pay the difference of leave salary, commutation and RBS pension along with interest at 6% p.a. on delayed payment to the petitioner from 30.06.2016 the date of retirement to till the date of settlement to the petitioner by following the order passed in WA (MD) Nos. 383 to 457 of 2015 dated 12.06.2015.

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For Petitioner :

Mr.V.S.Jagadeesan For Respondents :

Mr.R.Venkatesa Perumal Standing Counsel

ORDER

1.

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.

Mr.R.Venkatesh Perumal, learned Standing counsel accepts notice for the respondents.

3.

This writ petition has been filed for a mandamus seeking for a direction to the respondents to pay the eligible amounts payable to the petitioner towards difference of leave salary, commutation and RBS pension along with interest at 6% per annum, based on his representation dated 03.11.2022, within a time frame to be fixed by this Court.

4.

Heard Mr.V.S.Jagadeesan, learned counsel for the petitioner and Mr.R.Venkatesh Perumal, learned Standing counsel for the respondents.

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5.

It is now brought to the notice of this Court by the learned Standing counsel for the respondents that the eligible amount payable to the petitioner will be paid and a representation of the petitioner, dated 03.11.2022, as referred to supra, will be considered on merits and in accordance with law.

6. No prejudice would be caused to the respondents if the petitioner's representation dated 03.11.2022, as stated supra, is considered on merits and in accordance with law and a direction is issued to the respondents to pay the eligible amount that are payable to the petitioner based on the petitioner's representation.

7. For the foregoing reasons, this writ petition is disposed of by directing the respondents to pay the eligible amount payable to the petitioner towards differential of leave salary, commutation and RBS pension along with interest at 6% per annum, based on his representation dated 03.11.2022, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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8. With the aforesaid directions, this writ petition stands disposed of. No costs.

06.01.2023 Index:Yes/No ssm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, No.3/137, Salamedu, Varuthareddy Post, Villupuram - 605 602.

2.The Administrator Tamil Nadu State Transport Corporation Employee Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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ABDUL QUDDHOSE,J.

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