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Madras High CourtWP/15496/2025disposed of

V.Subramanian v. The Managing Director

2025-06-02Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN V.Subramanian ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents in all W.Ps Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse

the belated payment of interest amount of provident fund, gratuity, leave surrender, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 2017-2018 and 10 days salary with effect from 01.06.2023 within the stipulated time as may be fixed by this Court.

For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja Standing Counsel *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to disburse the belated payment of interest amount of provident fund, gratuity, leave surrender, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 2017-2018 and 10 days salary with effect from 01.06.2023 within the stipulated time as may be fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents and perused the materials available on record.

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3. It is the case of the petitioner that he joined in the respondent Corporation on 27.07.1990 and had retired from his service on 31.05.2023. It is the grievance of the petitioner that he is entitled for retiral benefits viz., provident fund, gratuity, leave surrender, commutation and other unsettle benefits of earned leave salary surrender for the year of 2009-2011 and 20172018 and 10 days salary on 01.06.2023 with interest. Hence, he made a representation dated 17.03.2025 requesting the respondents to pay interest for the terminal benefits.

4. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the first respondent to consider the representation dated 17.03.2025, and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 3/5

5. With the above directions, this Writ Petition is disposed of. No costs.

02.06.2025 kv Index : Yes/No Speaking order /Non Speaking Order To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.

2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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C.KUMARAPPAN, J.

kv 02.06.2025 5/5