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Madras High CourtWP/24798/2023disposed of

D.Soundar Raj v. M/S.State Express Transport Corporation Ltd

2023-08-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.24798 of 2023 D.Soundar Raj ... Petitioner Vs M/s.State Express Transport Corporation Ltd., Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

... Respondent Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to settle the balance Gratuity amount of Rs.1,44,660/- with 6% interest and Rs.25,000/- towards PRBS, D.A. Arrears and 180 days Medical Leave on private affairs salary to the petitioner herein by considering the representation of the petitioner dated 15.02.2021 and 31.07.2023. For Petitioner : Mr.G.Balu For Respondent : Mr.S.Sivasubramani 1/4

ORDER

This Writ Petition has been filed to direct the respondent to settle the balance Gratuity amount of Rs.1,44,660/- with 6% interest and Rs.25,000/- towards PRBS, D.A. Arrears and 180 days Medical Leave on private affairs salary to the petitioner herein by considering the representation of the petitioner dated 15.02.2021 and 31.07.2023.

2. The case of the petitioner is that the petitioner retired from service as Assistant Manager on 30.04.2014 on attaining age of superannuation. Though partial terminal benefits were paid to the petitioner, a balance of terminal benefits of Rs.1,44,600/- and PRBS amount of Rs.25,000/- has not been paid to the petitioner, despite the respondent admitted the said due in the communication dated 09.02.2016. In this regard, the petitioner has given representations to the petitioner dated 15.02.2021 and 31.07.2023. But the same have not been considered by the respondent. Hence, the present writ petition. 2/4

3. A perusal of the communication dated 09.02.2016 of the respondent infact indicate that the respondent has admitted that certain balance amount has to be paid to the petitioner. However, the same has not been paid to the petitioner, despite the earlier Order passed by this Court in W.P.No.38907 of 2015 dated 12.02.2021. In such view of the matter, the respondent shall consider the representations of the petitioner dated 15.02.2021 and 31.07.2023 and pass Orders on the same by calculating the actual amount payable to the petitioner and pay the amount to the petitioner along with interest at the rate of 4% within a period of eight weeks from the date of receipt of a copy of this Order.

4. With the above directions, this Writ Petition is disposed of. No costs.

23.08.2023 Index:Yes/No vrc To, M/s.State Express Transport Corporation Ltd., Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

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N.SATHISH KUMAR, J.

vrc WP.No.24798 of 2023 23.08.2023 4/4