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Madras High CourtWP/23616/2023disposed of

S.Rethinam v. M/S.State Express Transport Corporation Ltd.,

2023-08-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Rethinam ... Petitioner

Versus

M/s.State Express Transport Corporation Ltd., Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or direction in the nature of writ directing the respondent herein to settle Gratuity, Provident Fund and a sum of Rs.4500/- deposited towards Erode Engineering College and Perundurai Medical College to the petitioner herein with 6% interest by considering the representation of the petitioner dated 22.05.2007 and 02.08.2023.

For Petitioner :

Mr.D.Soundar Raj For Respondent :

Mr.S.Sivasubramnai

ORDER

This Writ Petition has been filed to direct the respondent herein to settle Gratuity, Provident Fund and a sum of Rs.4500/- deposited towards Erode Engineering College and Perundurai Medical College to the petitioner herein with 6% interest by considering the representations of the Page No.1 of 4

petitioner, dated 22.05.2007 and 02.08.2023.

2.The Writ Petitioner has joined duty as Conductor in the respondent Corporation in 06.08.1987. Due to his wife's health condition, he was unable to attend the work regularly. Subsequently, he was dismissed from service vide order, dated 11.08.1999 for misconduct of absence from 11.08.1998. Thereafter, the petitioner has given representation to the respondent to settle the Provident Fund and Gratuity towards Erode Engineering College and Perundurai Medical College, but for which the respondent directed the petitioner to settle the amount of Rs.4,538/- (Rupees four thousand and five hundred and thirty eight only) towards dues to be payable. Accordingly, the same has been paid, even thereafter the petitioner's retirement benefits have not been settled. Hence, he has given representation, dated 02.08.2023, however, the same has not been considered.

3.The learned Special Government Pleader appearing for the respondent submitted that the terminal benefits of the petitioner will be paid by considering the representation of the petitioner, dated 02.08.2023. Page No.2 of 4

4.Heard the submissions of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent and perused the materials.

5.Considering the limited relief sought for in this Writ Petition, the respondent is directed to consider the representation of the petitioner and pass order releasing the eligible amount payable to the petitioner as per Rules, within a period of two months, from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

11.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order vv2 To The Managing Director, State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600002.

Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 11.08.2023 Page No.4 of 4