N.Sarathy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN N.Sarathy Petitioner(s) 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.

Respondent(s) PRAYER This writ petition has been filed under article 226 of the constitution of India to issue a writ of mandamus directing the respondents to disburse the differential sum of Gratuity and leave Encashment benefit 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 within a time limit to be stipulated by this hon'ble court.

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For Petitioner(s):

M/s. J.Lakshminarayanan For Respondent(s):

M/s.S.Pavithra, Sc., For R1 and R2

ORDER

The instant writ petition has been filed with a prayer for issuing a mandamus, to direct the respondents to pay the differential sum of gratuity and leave encashment benefits based on the Dearness Allowance revision with effect from 01.04.2023.

2. The case of the petitioner is that he was working as a Senior Tradesman, Vellore Region and retired from service on 30.04.2023. As on 01.07.2022, Dearness Allowance was granted at 38% of basic pay, however, with effect from 01.04.2023, it was revised to 42 % of basic pay. Therefore, while calculating the retirement benefits, the said increase of 4% in the Dearness Allowance should be taken into consideration. As there was no response to the representation submitted by the petitioner, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that the petitioner is entitled for difference in gratuity and leave encashment salary. He is also 2/4

entitled for the revised dearness allowance. Claiming the above amount, he has given a representation dated 24.02.2025, however, the said representation has not been considered by the respondents. It is expected from the public authority to dispose of the representation of the petitioner within a reasonable time. 4.The learned counsel for the respondents has fairly submitted that they will settle the eligible amount according to their records within a reasonable time.

5.Since the representation of the petitioner is pending for a quite long time, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 24.02.2025, within a period of six weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

6. With the above directions, this writ petition is disposed of. No costs. 09-06-2025 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/4

C.KUMARAPPAN J.

mrp 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, Vellore632 009. 09.06.2025 4/4