M.Ramalingam, S/O.Marimuthu, v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI M.Ramalingam ... Petitioner vs.
The Management of Tamilnadu State Transport Corporation (Kovai)Ltd., Rep.by its Managing Director, Coimbatore. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pay the petitioner Rs.3,54,609/- towards gratuity and Rs.2,202/- towards leave salary, together with 18% interest per annum, within a time frame as may be fixed by this Court.
For Petitioner : Ms.G.K.Dharshini for M/s.V.Ajoykhose For Respondent : Mr.A.Sundaravadhanan Standing Counsel Page No. 1 of 5
O R D E R
This writ petition has been filed to issue a writ of Mandamus, directing the respondent respondent to pay the petitioner Rs.3,54,609/- towards gratuity and Rs.2,202/- towards leave salary, together with 18% interest per annum, within a time frame as may be fixed by this Court.
2. It is the case of the petitioner that the petitioner Mr.M.Ramalingam, S/o.Marimuthu, was appointed as driver in the respondent Corporation on 25.01.1985. After completion of more than 28 years of service, the petitioner was working as a 'Selection Grade Driver' at Coimbatore Region of the Respondent Corporation and retired on 31.05.2013 on attaining the age of superannuation. The petitioner further submits that he is legally entitled to get various terminal benefits namely, Gratuity, Encashment of Leave etc., from the respondent. The respondent has not paid some of the petitioner's terminal benefits without any valid reason. But, till date, the respondent Corporation has failed to pay the petitioner, the balance gratuity amount of Rs.3,54,609/- and Rs.2,202/- towards leave salary together with interest for Page No. 2 of 5
the delayed payment of the part of gratuity. Hence, this writ petition has been filed.
3. Heard Ms.G.K.Dharshini, learned representing counsel for the petitioner and Mr.A.Sundaravadhanan, learned Standing Counsel for the respondent.
4. It is seen from the records that the petitioner was appointed as driver on 25.01.1985 and after completion of 28 years of service, retired as 'Selection Grade Driver' on 31.05.2013. Retired employee from the service, is entitled to get retirement benefits after his retirement.
5. The petitioner states that he has not been paid the pension benefits. The Gratuity payable for his service period is calculated at Rs.3,54,609/- ( rounded off to 29 years). The employee is entitled to get the terminal benefits such as Gratuity, encashment of leave etc. He was having 3 days in his leave credit at the time of his retirement. Therefore, the petitioner states that he is entitled to Rs.2,202/- as wages for earned leave.
6. In consideration of the above said details, this writ petition stands Page No. 3 of 5
allowed with a direction to the respondent to pay a sum of Rs.3,54,609/- towards gratuity Rs.2,202/ towards leave salary together with interest at the rate of 10% p.a. and other retirement benefits if any, within a period of twelve weeks from the date of receipt of a copy of this order. There is no order as to costs. Miscellaneous petition if any stands closed. 30.04.2024 Index : Yes/No kkd Page No. 4 of 5
R.KALAIMATHI, J., kkd To The Managing Director, The Management of Tamilnadu State Transport Corporation (Kovai)Ltd., Coimbatore.
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