N.Veerappan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N. Veerappan ... Petitioner -vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Region, No. 3/37, Salamedu, Villupuram, Villupuram District - 607 002.
2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to pay interest @ 10% for the belated payment of gratuity, leave salary and commutation of pension amount and revised pension, difference in terminal benefits based on 14th wage settlement dated 24.08.2022 and one month surrendered leave salary with 10 % interest to the Petitioner. For Petitioner : Mr. S.T.Varadarajulu For Respondents : Mr. R.Venkatesa Perumal (for R1) Mr. C.S.K. Sathish (for R2) 1/5
O R D E R
Heard Mr. S.T.Varadarajulu, Learned Counsel for the Petitioner, Mr. R.Venkatesa Perumal, Learned Counsel takes notice for the First Respondent and Mr. C.S.K. Sathish, Learned Counsel takes notice for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
Though the Writ Petition has been filed for directing the Respondents to pay interest differential amount of terminal benefits based on 14th wage settlement dated 24.08.2022 and one month surrendered leave salary and interest at the rate of 10% per annum for the belated payment of gratuity, leave salary and commutation of pension amount, revised pension and unpaid terminal benefits to the Petitioner, Learned Counsel for the Petitioner submits that the Petitioner would be satisfied, if the representation dated 23.02.2023 made by him in that regard is directed to be disposed by the concerned authority within the time limit that may be fixed by the Court. 2/5
3.
Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of the controversy, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 23.02.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and 3/5
(vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
05.04.2023 skr Index: Yes/No Note: Issue order copy by 02.06.2023 To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Region, No. 3/37, Salamedu, Villupuram, Villupuram District - 607 002.
2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No. 2, Pallavan Salai, Chennai - 600 002.
4/5
P.D. AUDIKESAVALU, J.
skr Copy to The Registrar (Judicial), Madras High Court, Chennai.
05.04.2023 5/5