C.Selvam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.5057 of 2025 C. Selvam ... Petitioner vs The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem 636 007.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate Writ or Direction more particularly in the nature of Writ of Mandamus directing the respondent to pay the payment of difference amount of Surrender Leave Salary and Gratuity along with interest of belated period and considering the petitioner representation dated 04.12.2024 & 13.12.2024.

For Petitioner : Mr. N. Desinghu For Respondent : Mr. K. Raja Standing Counsel 1/5

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondent to pay interest for the difference of amount payable to the petitioner relating to surrender leave salary and gratuity. The petitioner had given a representation in this regard.

2. In the affidavit filed in support of this Writ Petition, it has been contended that the petitioner joined the service of the respondent on 18.05.1983. The petitioner retired from service on attaining the age of superannuation on 30.04.2017. It had been contended that the difference amount of commutation of pension alone was paid to the petitioner. The Earned Leave surrender had not been paid to the petitioner. It had been further stated that the petitioner had sent a representation seeking revision of pay-scale in accordance with the recommendation of the 7th pay commission as well as the Government Order in G.O.M.S. No. 142 Transprot (E) Department dated 26.08.2019. The petitioner, therefore, claims that he has to be paid the difference of leave salary amount and also the gratuity. Seeking that particular amount to be paid to him together with interest, the present Writ Petition has been filed. 2/5

3. Heard Mr. N. Desinghu, learned counsel for the petitioner and Mr.K. Raja, learned standing counsel for the respondent.

4. Taking into consideration the facts and circumstances of the case, a direction is given to the respondent to determine the eligible benefits payable to the petitioner and, after determining that particular amount, to pay the same together with interest at the rate of 6% per annum from the date on which the petitioner had retired from service till the date of actual disbursement of the amount.

5. With the above directions, this Writ Petition stands disposed of. No costs.

14.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 3/5

To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem 636 007.

4/5

C.V. KARTHIKEYAN, J.

bga W.P.No.5057 of 2025 14.02.2025 5/5