K.Palani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.1507 of 2025 K.Palani .. Petitioner

Versus

1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137. Salamedu, Varuthareddy Post, Villupuram 605 602.

2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to disburse the petitioner the differential sum of gratuity and leave Encashment benefits based on Dearness Allowance revision with effect from 01.07.2022 with interest at the rate of 8% per annum from the said date of entitlement to till the date of actual disbursement within a time limit stipulated by this Hon'ble Court.

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For Petitioner : Mr.J. Lakshmi Narayanan 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. This writ petition is filed seeking to issue a Writ of Mandamus, directing the respondents to disburse the petitioner the differential sum of gratuity and leave Encashment benefits based on Dearness Allowance revision with effect from 01.07.2022 with interest at the rate of 8% per annum from the said date of entitlement to till the date of actual disbursement within a time limit stipulated by this Court. 3.The case of the petitioner is that the petitioner joined in the Respondent Transport Corporation as Junior Engineer and retired on 31.07.2022. The grievance of the petitioner there was discrepancy while arriving the terminal benefits, due to which the petitioner gave a 2/5

representation to the respondents on 21.04.2024. However, no action has been taken by the respondents till date. Hence this petition. 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 representation and pass orders.

5.The learned standing counsel appearing for the respondents submitted that the representation 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 and the submissions made by either side counsel, this Court directs the Respondent/Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not 3/5

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

22.01.2025 Speaking order : Yes/No Index : Yes/No smn To

1. The Managing Director, Tamilnadu State Transport Corporation ( Villupuram) Ltd., No.3/137. Salamedu, Varuthareddy Post, Villupuram 605 602.

2. The General Manager, Tamilnadu State Transport Corporation ( Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009. 4/5

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.1507 of 2025 22.01.2025 5/5