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Madras High CourtWP/27715/2024disposed of

R.Varadhan- 13309 v. The Managing Director

2024-09-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Varadhan S/o.Rathinam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Ponnerikarai, Kancheepuram - 631 552.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay the pending amount of difference of service gratuity of Rs.48,127/- and the pending amount of difference of leave liability of Rs.11,667/- to the petitioner was communicated in Letter No.61540/1Sa.Nil2/TNSTC(V)KPM/2024 dated 26.07.2024 under Right to Information Act 2005 along with interest at the rate of 6% per annum from the date of retirement in the light of the judgment passed by this 1/4

Court on 11.01.2024 in W.P.No.568 of 2024 within the time that may be stipulated by this Court.

For Petitioner : Mr.N.Ishak 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 pay the pending amount of difference of service gratuity of Rs.48,127/- and the pending amount of difference of leave liability of Rs.11,667/- to the petitioner along with interest at the rate of 6% per annum from the date of retirement in the light of the judgment passed by this Court on 11.01.2024 in W.P.No.568 of 2024 within the time that may be stipulated by this Court.

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

3. The case of the petitioner is that he joined the services of the respondent transport corporation as Conductor on 07.06.1997 and he retired from service as Traffic Inspector on 30.04.2020. 2/4

4. The grievance of the petitioner is that even though he retired from service as early as on 30.04.2020, the respondents have not settled the difference amount of service gratuity and leave liability. In view of the same, the petitioner submitted a representation to the respondents on 22.08.2024 to disburse the above benefits with interest at 6% 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.

25.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Karapettai, Ponnerikarai, Kancheepuram - 631 552.

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