G.Jayaganesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Jayaganesan S/o.Gopalan ... 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 the differential sum of Gratuity and Leave Encashment benefits based on Dearness Allowance revision with effect from 01.07.2019 with interest at the rate of 8% per annum to the petitioner from the said date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Mohanraj For Respondents : Mr.R.Venkatesa Perumal Standing Counsel ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to disburse the differential sum of Gratuity and Leave Encashment benefits based on Dearness Allowance revision with effect from 01.07.2019 with interest at the rate of 8% per annum to the petitioner from the said date of entitlement to till the date of actual disbursement within the time limit to be stipulated by this Court.

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

3. The case of the petitioner is that the petitioner was working as Special Grade Driver in the respondent corporation and retired from service on 31.07.2019.

4. The grievance of the petitioner is that the terminal benefits of the petitioner has not been fully settled. Since the representation of the petitioner dated 29.06.2024 did not evoke any response, the present writ petition has been filed seeking for the aforesaid relief. 2/4

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. This Writ Petition is disposed of with the above direction. No costs.

01.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J 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 01.10.2024 4/4