K.Visalatchi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-03-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN K.Visalatchi Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road, Salem 636007 Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the balance amount of Rs.70,149/- with 12 % interest from the date of retirement i.e. on 31.07.2017 to till the date of payment within a specific period by considering the representation dated 09.01.2025. For Petitioner(s):
Mr.N.S.Suganthan For Respondent:
Mr.K.Raja, Standing Counsel
ORDER
The writ petition is filed seeking a direction against the respondent to pay a sum of Rs.70,149/- together with 12% interest from the date of retirement of the late husband of the petitioner on 31.07.2017 till the date of the payment.
2.In support of the writ petition it had been stated that the petitioner's husband had been appointed as conductor under the respondent at Tirupathur Branch. He was then promoted as Selection Grade Senior Conductor and retired from service on 31.07.2017. He died on 25.01.2022. It had been stated the retirement benefits of Earned Leave Surrender of Rs.25,045/-, Wage Pay Settlement Arrear of Rs.33,017/- and Notional Period Salary of Rs.12,087/- were not paid. The petitioner had given a representation on 09.01.2025. The total amount payable was Rs.70,149/-.
3.The writ petition has been filed in the nature of a mandamus seeking a a direction to pay the said amount. The learned counsel for the respondent was a requested to give a calculation memo of the eligible amount payable with respect to the late husband of the petitioner. Accordingly, a statement had been forwarded by the learned counsel, wherein, it had been stated that except the amount payable as Leave Surrender of Rs.25,045/-, the terminal benefits under all other heads had been paid by and transferred by ECS to the account of the petitioner/late husband of the petitioner.
4.In view of this particular fact stated by the respondent, a mandamus is issued that the respondent must pay the amount of Rs.25,045/- /Leave Surrender amount within a period of three weeks from the date of receipt of a copy of this order together with interest at 6% per annum. The petitioner may take a decision to receive the amount or not to receive the amount and if the petitioner feels that further amounts are payable, the petitioner is at liberty to raise a fresh representation to the respondents.
5.The writ petition stands disposed of. No costs. 21-03-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd No.12 Ramakrishna Road Salem 636007.
C.V.KARTHIKEYAN J.
sli 21-03-2025