K.Venkatesan - 6056 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 20082 of 2024 K.Venkatesan
...Petitioner
-Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
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 Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay the pending amount of difference of service Gratuity of Rs.63,762/- and the pending amount of difference of Leave Liability of Rs.1,982/- to the petitioner as communicated in Letter No.06056/PIO/TNSTC (V) / 2024 dated 07.06.2024 under Right to Information Act 2005 along with interest at the rate of 6 percent per annum payable from the date of retirement in the light of the judgment passed by this Hon'ble High Court on 11.01.2024 in W.P.No.568 of 2024 within the time that may be stipulated by this Hon'ble Court.
For Petitioner : Mr.N.Ishak For Respondents : Mr.R.Venkatesa Perumal Standing Counsel
ORDER
This Writ Petition has been filed for direction directing the respondents to pay the pending amount of difference of service Gratuity of Rs.63,762/- and the pending amount of difference of Leave Liability of Rs.1,982/- to the petitioner as communicated in Letter No.06056/PIO/TNSTC (V) / 2024 dated 07.06.2024 under Right to Information Act 2005 along with interest at the rate of 6 percent per annum payable from the date of retirement in the light of the judgment passed by this Hon'ble High Court on 11.01.2024 in W.P.No.568 of 2024 within the time that may be stipulated by this Hon'ble Court.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner herein entered into services of the Respondent Transport Corporation as Driver on 17.04.1987 and retired from service as Special Grade Driver on 30.04.2017. His retirement benefits, except difference
of leave liability, difference of service Gratuity, were settled. To an application made by the petitioner under the Right to Information Act, seeking for the pending payments, the respondents, in their reply dated 07.06.2024, had stated that the petitioner was entitled for difference of Service Gratuity of Rs.63,762/- and difference of leave liability of Rs.1,982/-. However, the said benefits have not been settled to the petitioner till date. In this regard, the petitioner has also made a representation to the respondents on 14.06.2024.
4. In view of the admitted fact that the petitioner is eligible for the said amounts, which have not been paid till date, this Court is of the view that if the respondents are directed to settle the outstanding amount together with interest, the ends of justice could be secured.
5. In the light of the above observations, the first respondent herein is directed to pay the petitioner the pending payable amounts, together with interest at the rate of 6% 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.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
23.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore - 632 009.
G.K.ILANTHIRAIYAN. J, mn 23.07.2024