V.Kothandaraman v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Kothandaraman ... Petitioner -vs1. The Managing Director, Tamil Nadu State Transport Corporation(Villupuram) Ltd., No.3/137, Salamedu, Villupuram-600 602

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, 1950, praying to issue a Writ of Mandamus, directing the Respondents to disburse the leave encashment benefits which the Petitioner is entitled for the period of 05/2018 with interest at the rate of 6% per annum from the said date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Hon'ble Court.

1/5

For Petitioner :

Mr. P.Manojkumar For Respondents :

Mr. R.Venkatesa Perumal for R1 & R2

O R D E R

Heard Mr. P.Manojkumar, Learned Counsel appearing for the Petitioner and Mr. R.Venkatesa Perumal, Learned Counsel appearing for the First and Second Respondents 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 the entitled amount of leave encashment benefits along with interest at the rate of 6% per annum from the said date of entitlement to till the date of actual disbursement to the Petitioner, Learned Counsel for the Petitioner submits that the Petitioner would be satisfied, if the representation dated 31.01.2023 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 controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 31.01.2023 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 and all other persons concerned to explain their 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.

20.04.2023 Maya Index: Yes/No Note: Issue order copy by 06.06.2023.

To

1. The Managing Director, Tamil Nadu State Transport Corporation(Villupuram) Ltd., No.3/137, Salamedu, Villupuram-600 602

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region Rangapuram, Vellore- 632 009.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

4/5

P.D. AUDIKESAVALU, J.

Maya .

20.04.2023 5/5