R.Thangamudiraja v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Thangamudiraja

...Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

...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 admitted amount of Rs.45,924/- payable towards the encashment of earned leave surrendered by the petitioner and admitted amount of Rs.12,900/- payable towards Retirement Benefits Scheme Recovery (RBSR) Amount along with 12% interest per annum from the date of retirement.

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For Petitioner : Mr.N.K.Ponraj For Respondents : Mr.M.Murali Vinodh, 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 28.02.2014. His retirement benefits, except Earned Leave Surrender and Retirement Benefits Scheme Recovery amount, were 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 14.03.2023, had stated that the petitioner was entitled for Rs.45,924/- towards the earned leave surrender and Rs.12,900/- towards Retirement Benefits Scheme Recovery. However, the said benefits have not been settled to the petitioner till date. In this background, the present Writ Petition has been filed.

3. In view of the admitted fact that the petitioner is eligible for the 2/4

said amounts, which have not been paid till date, this Court is of the view 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. 22.11.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

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