← Library
Madras High CourtWP/10923/2024disposed of

P.Mohan-20463 v. The Managing Director

2024-04-22Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY P.Mohan ... Petitioner -Vs1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Regional Office, Karapettai, Ponnerikkarai, Kancheepuram - 631 552.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay the pending amount of difference of Gratuity of Rs.87,210/-, difference of Leave Liability of Rs.5,635/-, Rs.28,010/- surrender value of Earned Leave in 2018 and Rs.29,886/ surrender value of earned leave in 2019 to the petitioner as communicated in Letter No.316/u1/TNSTC(V)/KPM/2024 dated 15.03.2024 under Right to Information Act, 2005 along with interest at the rate of 6% per annum payable from the date of retirement in the light of the judgment passed by this Court on 11.01.2024 in W.P.No.568 of 2024.

For Petitioner : Mr.N.Ishak For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondents to pay the pending amount of difference of Gratuity of Rs.87,210/-, difference of Leave Liability of Rs.5,635/-, Rs.28,010/- as surrender value of Earned Leave in 2018 and Rs.29,886/ surrender value of earned leave in 2019 to the petitioner as communicated in Letter No.316/u1/TNSTC(V)/KPM/2024 dated 15.03.2024 under Right to Information Act, 2005 along with interest at the rate of 6% per annum payable from the date of retirement in the light of the judgment passed by this Court on 11.01.2024 in W.P.No.568 of 2024.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner herein entered into services of the Respondent Transport Corporation as Junior Tradesman on 07.05.1981 and retired from service as Senior Tradesman from Orikkai Depot on 30.04.2020. His retirement benefits, except difference of Gratuity, leave salary and surrender

value of earned leave was settled. To an application made by the petitioner under the Right to Information Act, seeking for the pending payments, the respondents, in their reply dated 15.03.2024, had stated that the petitioner was entitled for difference of Gratuity of Rs.87,210/-, difference of Leave Liability of Rs.5,635/-, Rs.28,010 surrender value of Earned Leave in 2018 and Rs.29,886/- in 2019. However, the said benefits have not been settled to the petitioner till date. In this regard, the petitioner has also made a representation to the respondents on 27.03.2024.

4. In view of the admitted fact that the petitioner is eligible for the said amount, which have not been paid till date, this Court is of the view that if the respondents are directed to settle the outstanding amount together with interest, the ends of justice could be secured.

5. In the light of the above observations, the first respondent herein is directed to pay the petitioner the pending payable amounts, together with interest at the rate of 6% from the date on which he would be eligible for such payment, till the date of actual disbursement, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 22.04.2024 (2/2) Internet: Yes Index : Yes Speaking order : Yes jas To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Regional Office, Karapettai, Ponnerikkarai, Kancheepuram - 631 552.

D. BHARATHA CHAKRAVARTHY , J.

jas 22.04.2024