M.Rajendran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.Nos. 27786, 27791, 27797, 27798, 27801 and 27804 of 2021 M.Rajendran

...Petitioner in W.P. No. 27786/2021

V. Sudarsanan

...Petitioner in W.P. No. 27791/2021

M. Sampath

...Petitioner in W.P. No. 27797/2021

V. Jayachandran

...Petitioner in W.P. No. 27798/2021

V. Sundaram

...Petitioner in W.P. No. 27801/2021

A. Panchatcharam

...Petitioner in W.P. No. 27804/2021

Vs.

1.The Managing Director, (Villupuram) Limited, Vazhuthareddy Post, Salamedu, Villupuram-605602.

..1st Respondent in all W.Ps 2.The General Manager, (Villupuram) Limited, Kancheepuram Region, Kancheepuram.

..2nd Respondent in W.Ps.27786, 27791, 27804/2021 3.The Administrator, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600002.

...3rd Respondent in W.P. Nos. 27786, 27791, 27797, 27798, 27804/2021

4. The General Manager Tamil Nadu State Transport (Villupuram) Ltd, Vellore Region Vellore 632 009 ..2nd Respondent in W.P. 27797, 27798, 27801/2021

Prayer in W.P.Nos. 27786, 27791, 27804 of 2021: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the difference of Gratuity and difference of Commutation and leave liablity amount and arrears amount along with interest at the rate of 18% within the stipulated time as fixed by this Court.

Prayer in W.P. Nos.27797, 27798, 27801/2021:

Writ of Mandamus directing the Respondents to pay the difference of Gratuity for a sum of Rs. 88,551/- and difference of commutation for a sum of Rs. 47,179/- and for a sum of Rs.40,967/- and difference of commutation for a sum of Rs.24,610/- and for a sum of Rs. 89,550/- respectively along with interest at the rate of 18% within the stipulated time as fixed by this Court.

For Petitioners: Mr.J.Pradeep (In all WPs) For Respondents : Mr.T.Chandrasekaran - R1 & R2 (in all Wps) Mr.C.S.K. Sathish - R3 (In WP.Nos. 27786, 27791, 27797, 27798 and 27804 of 2021) COMMON ORDER The relief sought for in these writ petitions is to direct the respondents to pay the difference of Gratuity and difference of Commutation and leave liability amount along with interest at the rate of 18% within the stipulated time as fixed by this Court.

2. The learned counsel for the petitioners submitted that the petitioners joined the services in the respondentCorporation and retired on attaining the age of superannuation in the year 2017. The respondent-Corporation had paid the retirement benefits viz., Gratuity, Pension commutation and Encashment of Leave.

3. According to the learned counsel for the petitioners, as per final settlement records, the petitioners are entitled to receive difference of gratuity and commutation, hence the pettitioners made representations to the respondents and the same is pending till date without consideration.

4. The learned counsel for the petitioners submitted that it would suffice to direct the first respondent to dispose of the representations submitted by the petitioners within a time as stipulated by this Court for which, the learned Standing Counsel for the respondent- Corporation has reported no objection.

5. Having regard to the submissions made by the learned counsels on either side and in view of the limited prayer sought for by the learned counsel for the petitioner, this Court, without expressing any opinion and without going into merits of the case, is inclined to direct the 1st respondent to consider the representations made by the petitioners and pass appropriate orders, in accordance with law, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar ak To 1.The Managing Director, (Villupuram) Limited, Vazhuthareddy Post, Salamedu, Villupuram-605602.

2.The General Manager, (Villupuram) Limited, Kancheepuram Region, Kancheepuram.

3.The Administrator, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai-600002.

4. The General Manager Tamil Nadu State Transport (Villupuram) Ltd, Vellore Region Vellore 632 009 +6 Ccs to Mr.T.Chandrasekaran, Advocate sr 23680 to 23683, 23599, 23598 +6 Ccs to Mr.J.Pradeep, Advocate sr 23526 to 23530, 23532. W.P.Nos. 27786, 27791, 27797, 27798, 27801 and 27804 of 2021 CA(CO) SP(10/05/2022)