G.Krishnamoorthy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.08.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN G.Krishnamoorthy ... Petitioner Vs.
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and leave liability amount and consequently direct the Respondents to pay the unsettled benefits of leave surrender amount and last 10 days salary within the stipulated time as may be fixed by this Court. 1/5
For Petitioner :
Mr. J.Pradeep For Respondents :
Mr. K.Raja, Standing Counsel *****
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to disburse 6% interest for belated payment of Provident Fund, Gratuity and leave liability amount and consequently direct the Respondents to pay the unsettled benefits of leave surrender amount and last 10 days salary within the stipulated time as may be fixed by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the petitioner has joined in the services of the erstwhile Annai Sathiya Transport Corporation, Dharmapuri, now renamed as Tamil Nadu State Transport 2/5
Corporation (Salem) Ltd., Dharmapuri as Conductor on 09.11.1987 and after rendering 35 years of service, he retired from service on 30.06.2023 as Checking Inspector under the control of the 1st Respondent-Transport Corporation. The learned counsel for the petitioner would submit that though he retired from service on 30.06.2023, the respondents settled the Provident Fund, Gratuity and Leave Liability only on 16.04.2025, with a delay of 21 months. However, no interest was paid for the above period. Moreover, the petitioner was not paid surrender leave salary and and last 10 days salary. In this connection, the petitioner has sent a representation on 23.06.2025 to the respondents and such representation is yet to be considered by the respondents. Therefore, the present Writ Petition has been filed.
5. At this juncture, the learned Standing Counsel appearing for the respondents would fairly submit that they would consider the petitioner's representation within a reasonable time.
6. In view of the said fair submission made by the learned Standing Counsel, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's 3/5
representation dated 23.06.2025, and pass orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7. In the result, this Writ Petition is disposed of with the above observations. No costs.
05.08.2025 kv Index : Yes/No Speaking order /Non Speaking Order To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.
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C.KUMARAPPAN, J.
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