A.W.Ayub v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.W.Ayub

...Petitioner

Vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 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 leave encashment benefits to the petitioner which he entitled for the periods of 11/2018 & 11/2019 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 to be stipulated by this Court. 1/6

For Petitioners : Mr.J.Lakshminarayanan For Respondent : 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 leave encashment benefits to the petitioner, which he is entitled to, for the periods of 11/2018 and 11/2019, with interest at the rate of 8% per annum from the said date of entitlement till the date of actual disbursement, within a time limit to be stipulated by this Court.

3. The case of the petitioner is that he has retired from the Respondent/Corporation on 30.04.2020. The grievance of the petitioner is that the respondents have failed to disburse the leave encashment benefits to the petitioner, which he is entitled to, for the periods of 11/2018 and 11/2019, with interest at the rate of 8% per annum from the 2/6

said date of entitlement till the date of actual disbursement. Therefore, the petitioner gave representation to the respondents on 10.12.2024 with regard to the said issue. However, no action has been taken by the respondens 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, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pass appropriate orders and pay the eligible amount to the petitioner within a period of twelve weeks from 3/6

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 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.

28.01.2025 Index:Yes/No Speaking order/Non-speaking order kv To 4/6

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.

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

5/6

V.BHAVANI SUBBAROYAN,J.

kv 28.01.2025 6/6