P.Palani 6273 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Palani
...Petitioner
Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram-605602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore-632 009.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the pending amounts of dues payable to the petitioner viz., salary dues of Rs.17,038/- and Retirement benefit Fund of Rs.18,500/- as being communicated in Letter No.10667-11057(3210/PIO./TNSTC(V)/2023 dated 15.05.2023 under Right to Information Act 2005 along with interest at the rate of not less than 12% per annum payable from the date 1/4
of retirement within the time that may be stipulated by this Court. 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 respondent Corporation on 31.08.2018. From the retirement benefits, ten days salary for the period from 21.08.2018 to 31.08.2018 and the Retirement Benefit Fund Scheme amount are yet to be paid. . To an application made by the petitioner under the Right to Information Act, seeking for his eligible amount of surrender earned leave, the respondent, in their reply dated 15.05.2023, had stated that the petitioner was entitled for a sum of Rs.17,038/- towards salary due and Rs.18,500/- towards Retirement Benefit Fund.
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3. In view of the admitted fact that the petitioner is eligible for the amount, which has 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 a sum of Rs.17,038/- towards salary due and Rs.18,500/- towards Retirement Benefit Fund 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. 15.06.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4
M.S.RAMESH,J.
sr To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram-605602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore-632 009.
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