← Library
Madras High CourtWP/30839/2023disposed of

M.Subramanyam-13311 v. The Managing Director

2023-10-31Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Subramanyam ... 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, Ponnerikkarai, Karapettai, Chennai - Bangaluru Highway, Kancheepuram - 631 552.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the pending amount of difference of Leave Liability of Rs.40,260/- difference of Gratuity of Rs.73,687/- and Retirement Benefit Fund Scheme (RBS) amount of Rs.15,350/- as communicated in Letter No.10667-11593(863)/PIO/TNSTC(V) 2023 dated 19.09.2023 under Right to Information Act 2005 along with interest at the rate of 4% per 1/4

annum payable from the date of retirement in the light of the judgment made by this Court on 15.06.2023 in WP.No.17792 of 2023 within the time that may be stipulated by this Court.

For Petitioner : Mr.N. Ishak For Respondents : Mr.R. Venkatesa Perumal, Standing Counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner had retired from service from the respondent Corporation on 31.05.2022 on attaining the age of superannuation. His retirement benefits, except difference of leave salary and service gratuity amount, were settled. To an application made by the petitioner under the Right to Information Act, seeking for pending quantum of difference of leave salary and the gratuity amount payable to him, the respondent, in their reply letter dated 19.09.2023, had stated that the petitioner is entitled for a sum of Rs.40,260/- towards difference of leave liability, Rs.73,687/- towards difference of gratuity and Rs.15,350/- towards 2/4

Retirement Benefit Fund Scheme.

3. In view of the admitted fact that the petitioner is eligible for the amount, which has not been paid till date, the petitioner would be entitled for interest on the outstanding amount.

4. In the light of the above observations, the respondents are directed to pay the petitioner the amount towards difference of leave liability, difference of gratuity and Retirement Benefit Fund Scheme, together with interest at the rate of 6% from the date on which he would be eligible for such payment, till the date of actual disbursement, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition stands allowed. No costs. 31.10.2023 Speaking/Non-speaking Order Internet: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni 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, Ponnerikkarai, Karapettai, Chennai - Bangaluru Highway, Kancheepuram - 631 552.

31.10.2023 4/4