K.Palani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Palani

...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

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's leave encashment benefits which he is entitled for the periods of 05/2018 and 05/2019 with interest at 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. 1/4

For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesaperumal 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 herein had retired from service from the respondent Corporation on 31.07.2022. However, his leave encashment benefits of Rs.25,090/- for the period 05/2018 and a sum of Rs.30,556/- for the period 05/2019 were not settled. To an application made by the petitioner under the Right to Information Act, seeking for the pending payments, the respondents, in their reply dated 12.09.2023, had stated that the petitioner was entitled for the leave encashment benefits as stated above. However, the said benefits have not been settled to the petitioner till date. In this regard, the petitioner has sent a representation to the first respondent on 25.09.2023, which is yet to be considered.

3. In view of the admitted fact that the petitioner is eligible for the said amounts, which have not been paid till date, this Court is of the view 2/4

that if the respondents are directed to settle the outstanding amount together with interest, the ends of justice could be secured.

4. In the light of the above observations, the first respondent herein is directed to pay the petitioner the pending payable amounts, 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 weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition stands disposed of. No costs. 28.11.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

Sni 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.

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