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Madras High CourtWP/2341/2023disposed of

C.Karunanithi v. The Managing Director

2023-02-02Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2341 of 2023 C.Karunanithi Petitioner vs.

1.The Managing Director, Vazhuthareddy, Villupuram - 605 602.

2.The Administrator, Tamil nadu State Transport Corporation, Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle the differential gratuity, differential leave salary, interest for belated payment of commutation, PRBS amount along with interest at the rate of 18 percent within the stipulated time.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.Venkatesa Perumal Standing Counsel

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to settle the differential Gratuity, leave salary amount, PRBS amount and interest for belated payment of commutation along with interest at the rate of 18%.

2.The case of the petitioner is that originally the petitioner was appointed as Junior Assistant and subsequently he was promoted to the post of Superintendent. Ultimately, the petitioner retired from the post of Superintendent on attaining superannuation on 31.01.2017. The further case of the petitioner is that at the time of retirement he was paid the retirement benefits and Provident fund only. Insofar as the other benefits viz., the gratuity, commutation and surrender leave salary, it was paid belatedly.

3.The grievance of the petitioner is that in terms of the benefits of the 7th Pay Commission, the petitioner is entitled for revision of pay and the consequential benefits to which the petitioner is entitled. The petitioner made an application under the RTI Act and was informed that these benefits are extended even insofar as retirement benefits are concerned. The petitioner made a representation in this regard to the respondents on 23.03.2021. and since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

4.Heard Mr.J.Pradeep, learned counsel appearing on behalf of the petitioner and Mr.Venkatesa Perumal, learned Standing Counsel appearing on behalf of the respondents.

5.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 23.03.2021. on its own merits and in accordance with

law and in line with the relevant Government Orders and a decision shall be taken, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

6.In the result, this writ petition is allowed with the above direction. No Costs.

02.02.2023 Index : Yes/No (3/4) Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Managing Director, Vazhuthareddy, Villupuram - 605 602.

2.The Administrator, Employees Post Retirement Benefit Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

N. ANAND VENKATESH, J.

ssr W.P No.2341 of 2023 02.02.2023 (3/4)