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Madras High CourtWP/18547/2025disposed of

J.Kannan-41912 v. The Managing Director

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN J.Kannan ... Petitioner Vs.

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

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pay the pending amount of difference of Gratuity of Rs.74,670/- and difference of Leave Salary of Rs.10,452/- to the petitioner as communicated as reply under Right to Information Act 2005 along with interest at the rate of 6% per 1/5

annum payable from the date of retirement in the light of Judgment passed by this Court on 18.10.2024 in W.P.No.30627 of 2024. For Petitioner : Mr.N.Ishak For Respondents : M/s.S.Pavithra 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 pay the pending amount of difference of Gratuity of Rs.74,670/- and difference of Leave Salary of Rs.10,452/- to the petitioner as communicated as reply 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 Judgment passed by this Court on 18.10.2024 in W.P.No.30627 of 2024.

2. The learned counsel for the petitioner would invite the attention of this Court about the RTI reply given by the respondents vide reply dated 14.03.2025, wherein, the respondents has admitted the petitioner's claim for difference in gratuity to the tune of Rs.74,670/- and difference of Leave Salary to the tune of Rs.10,452/- respectively.

3. The learned Standing Counsel for the respondents would submit that 2/5

they sent representation claiming the difference in gratuity as well as leave salary vide his representation dated 04.04.2025. She would also submit that the petitioner is entitled to have an eligible amount in accordance with their records.

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

5. 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 settle the petitioner's claim and consider the representation dated 04.04.2025 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 with interest at the rate of 6% from the date of retirement and till the date of disbursement.

5. In the result, this Writ Petition is disposed of with the above 3/5

observations. No costs.

06.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

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

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C.KUMARAPPAN, J.

jas 06.06.2025 5/5