M..Ravikumar v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Ravikumar S/o.Munusamy ... 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 Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to disburse leave encashment benefit to the petitioner which he entitled for the period of 08/2018 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.P.Mohanraj For Respondents : Mr.R.Venkatesaperumal Standing Counsel *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to disburse leave encashment benefit to the petitioner for the period 08/2018 with interest at the rate of 8% per annum from the said date of entitlement to till the date of actual disbursement.

2. Heard Mr.P.Mohanraj, learned counsel for petitioner and Mr.R.Venkatesaperumal, learned Standing Counsel appearing for respondents.

3. The case of the petitioner is that he worked as Senior Driving Instructor in the respondent Corporation and he retired from service on 30.06.2019.

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4. The grievance of the petitioner is that even though he retired from service as early as on 30.06.2019, the respondents have not settled the leave encashment benefit for the period 08/2018. In view of the same, the petitioner submitted a representation to the respondent on 27.06.2024 to disburse the leave encashment benefit with interest at 8% p.a. Since the same was not considered, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% p.a. from the date on which the amount became due and payable till the date of actual realisation.

6. The petitioner is directed to submit a fresh representation to the respondents along with a copy of this order. 3/4

N.ANAND VENKATESH, J gm This Writ Petition is disposed of with the above direction. No costs.

02.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 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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