J.Anbarasu v. The Managing Director

2024:MHC:5653

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH 1.J.Anbarasu 2.M.Kalyanasundaram 3.N.Ravi 4.A.Thennagathan 5.M.Sundaresan 6.C.Selvam ... Petitioners 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 has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the leave encashment benefits to the petitioners which they are entitled to with interest at the rate of 6% per annum from the date of their

entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

For Petitioners : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

O R D E R

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

2. The petitioners herein have retired from service from the respondent Corporation on reaching the age of superannuation. However, their leave encashment benefits for the period they are entitled were not settled. To the applications made by the petitioners under the Right to Information Act, seeking for the pending payments, the respondents, in their reply the respondents had stated that the petitioners were entitled for the leave encashment benefits. However, the said benefits have not been settled to the petitioners till date. In this regard, the petitioners have sent a representation to the respondents on 30.11.2022, which is yet to be considered.

3. In view of the admitted fact that the petitioners are eligible for the 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 1st respondent herein is directed to pay the petitioners, the pending payable amounts, together with interest at the rate of 6% from the date on which they 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, this Writ Petition stands disposed of. No costs. 07.12.2023 (1/2) Jeni Index : Yes / No Speaking order / Non-speaking order

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.

M.S.RAMESH , J.

Jeni 07.12.2023 (1/2)