G.Jayaganesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.29261 of 2024 G.Jayaganesan ... Petitioner Vs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore - 632 009.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the leave encahment benefits to the petitioner which he is entitled for the period of 08/2018 with interest tat 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.J.Lakshminarayanan For Respondents : Mr.R.Venkatesaperumal Standing counsel

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to disburse the leave encahment benefits to the petitioner which he is entitled for the period of 08/2018 with interest tat 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. 2.The case of the petitioner is that he was working in the respondent Corporation. After completion of his service, he retired from service as "Special Grade Driver" on 31.07.2019.

3.The further case of the petitioner is that while settling his terminal benefits, the respondents failed to pay and settle the leave encashment benefits. 2/5

The petitioner made an application under the Right to Information Act and the respondent also provided the details of amount to be paid to the petitioner under this head through information dated 21.08.2022. Since the amount due and payable towards the leave encashment benefits was not paid to the petitioner, the present writ petition has been filed seeking for appropriate directions. 4.Heard Mr.J.Lakshminarayanan learned counsel for the petitioner and Mr.R.Venkatesaperumal, learned Standing counsel for respondents. 5.Taking into consideration the facts and circumstances of the case and the RTI information dated 21.08.

2022 that was furnished to the petitioner, there shall be a direction to the respondent Corporation to settle the amount due and payable towards the leave encashment benefits, within a period of six weeks from the date of receipt of a copy of this order with 6% interest from the date of retirement till the date of actual realisation. If there is any delay in settling the amount within the time frame fixed by this Court, the respondent Corporation will be liable to pay interest at the rate of 12% from the date of retirement till the date of actual realisation.

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N. ANAND VENKATESH, J.

ssr 6.The petitioner is directed to make a fresh representation to the respondent along with a copy of this order.

7.This writ petition is disposed of with the above directions. No costs. 15.10.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore - 632 009.

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