P.Dhanasekar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.10641 of 2024 P. Dhanasekar ... 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 632 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to pay the difference in Gratuity by counting the training period for calculation of Gratuity and Surrender Leave Salary surrendered in August 2018 and August 2019 with 10% interest to the petitioner. 1/4

For Petitioner : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition is filed seeking for a writ of mandamus directing the respondents to pay the difference in Gratuity by counting the training period for calculation of Gratuity and Surrender Leave Salary surrendered in August 2018 and August 2019 with 10% interest to the petitioner.

2. Mr.R.Venkatesa Perumal, learned Standing Counsel takes notice for the respondents. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. Learned counsel for the petitioner submitted that, in all the connected matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

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4. In that view of the matter, this writ petition is disposed of on the following terms:

1) The respondents shall disburse the difference in Gratuity by counting the training period for calculation of Gratuity and Surrender Leave Salary to the petitioner if he is eligible as per the Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the date on which the amounts became due, till the date of disbursement.

2) If the amount is not paid within a period of twelve (12) weeks, thereafter, the same shall carry the interest at the rate of 12% per annum from the dates on which the amounts became due, till the date of disbursement.

3) No costs.

18.04.2024 Index: Yes Speaking Order: Yes dpq 3/4

D. BHARATHA CHAKRAVARTHY, J.

dpq To

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 632 009.

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