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Madras High CourtWP/17198/2025disposed of

D.John Bosco v. The Managing Director

2025-06-03Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN D.John Bosco ... 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 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to disburse the differential sum of Gratuity and Leave encashment benefits to the petitioner based on Dearness Allowance revision with effect from 01.04.2023 with interest at the rate of 8% per annum from the said date of entitlement to till the date of actual disbursement. 1/5

For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mrs.S.Pavithra Standing Counsel for R1 Mr.C.S.K.Sathish Standing Counsel for R2 *****

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 differential sum of Gratuity and Leave encashment benefits to the petitioner based on Dearness Allowance revision with effect from 01.04.2023 with interest at the rate of 8% per annum from the said date of entitlement till the date of actual disbursement.

2. It is the contention of the learned counsel for the petitioner that when the petitioner, who had retired from the service of the first respondent on 30.04.2023 as "Selection Grade Driver". Thereafter, made a representation dated 07.03.2025 to the respondents differential sum of Gratuity and Leave encashment benefits based on Dearness Allowance revision with effect from 01.04.2023 with interest at the rate of 8% per annum from the said date of entitlement till the date of actual disbursement. 2/5

Since, there was no response from the respondents, the petitioner filed the present writ petition.

3. Heard the learned counsel for both sides and perused the materials available on record.

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 respondents to consider the representation dated 07.03.2025 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.

5. In the result, this Writ Petition is disposed of with the above observations. No costs.

03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 3/5

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.

4/5

C.KUMARAPPAN, J.

jas 03.06.2025 5/5