K.Natarajan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K. Natarajan ... Petitioner 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.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's leave encashment benefits which he is entitled for the period of 05/2018 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 Court.

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For Petitioner : Mr.J. Lakshminarayanan 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 31.05.2019 on attaining the age of superannuation. His retirement benefits, except leave encashment benefits, were not settled. To an application made by the petitioner under the Right to Information Act, seeking for the unpaid leave encashment benefits, the second respondent, in his reply dated 10.05.2023, had stated that the petitioner is entitled for a sum of Rs.23,556/-.

3. In view of the admitted fact that the petitioner is eligible for the said amount, which has not been paid till date, the petitioner would be entitled for interest on the outstanding amount. 2/4

4. In the light of the above observations, the respondents are directed to pay the petitioner the unsettled leave encashment benefits, for which he is entitled to, 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 (4) weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition stands allowed. No costs. 27.06.2023 Index:Yes/No Internet: Yes/No Sni To 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.

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M.S.RAMESH,J.

Sni 27.06.2023 4/4