K.Sriramulu, Driver 41152 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Sriramulu

...Petitioner

Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Kosapettai, Chennai - Bangaluru Highway, Kancheepuram - 631 552.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the pending amount of difference of leave salary of Rs.5336/- and Gratuity of Rs.80190/- as communicated in letter No.61540/Sa.Nee12/TNSTC(V)/ KPM/2022, dated 22.03.2023 under Right to Information Act, 2005 1/4

along with interest at the rate of not less than 12% per annum payable from the date of retirement.

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

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner had retired from service from the respondents Corporation on 30.09.2020. His retirement benefits, except leave salary and gratuity, were settled. To an application made by the petitioner under the Right to Information Act, seeking for his eligible amount of difference of leave salary and gratuity, the respondents, in their reply dated 22.03.2023, had stated that the petitioner was entitled for a sum of Rs.5,336/- towards difference of leave salary and a sum of Rs.80,190/- towards gratuity.

2/4

3. In view of the admitted fact that the petitioner is eligible for the amounts, which have not been paid till date, the petitioner would be entitled for interest on the outstanding amount.

4. In the light of the above observations, the respondents are directed to pay the petitioner the terminal benefits, together with interest at the rate of 4% 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.

5. Accordingly, the Writ Petition stands allowed. No costs. 02.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Kosapettai, Chennai - Bangaluru Highway, Kancheepuram - 631 552.

02.06.2023 4/4