M.Asaithambi, v. The Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 29363 of 2017 M.Asaithambi

...Petitioner

-vsThe Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Represented by its Managing Director, Head Office, No. 37, Mettupalayam Road, Coimbatore - 43.

...Respondent

Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the Respondent to pay the leave salary and interest of delayed gratuity from 30.06.2013 to 23.05.2016 at the rate of 18% per annum.

For Petitioner : Mr. B.Gopalakrishnan For Respondent : Mr. K.J.Sivakumar

O R D E R

Heard Mr. B.Gopalakrishnan, Learned Counsel for the Petitioner and Mr. K.J.Sivakumar, Learned Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondent to pay the leave salary and interest for delayed gratuity from 30.06.2013 to 23.05.2016 at the rate of 18% per annum.

3.

The Respondent has filed Counter-Affidavit dated 05.06.2019 in which it has been stated as follows:- "6. I humbly submit that the Respondent has settled the Gratuity amount of Rs. 4,00793/- to the Petitioner on 23.05.2017 by way of RTGS and the Earned Leave Salary amount of Rs. 4000/- settled on 16.10.2017 and Rs 32,688/- was settled https://hcservices.ecourts.gov.in/hcservices/

on 30.10.2017 totally Rs.36,688/- have been settled to the Petitioner by way of RTGS. Further as per the above High Court order an amount of Rs. 91,644/- towards 6% interest of Rs. 4,00793/- (Gratuity amount) was settled to the Petitioner on 16.08.2018 and an amount of Rs. 9,345/- towards 6% interest for Rs. 36,688/- (EL Salary amount) was settled on 19.09.2018."

4.

In view of the subsequent events after the filing of the Writ Petition, nothing remains for further consideration in this Writ Petition, but if the Petitioner still has any grievance to be redressed, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar gd To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Head Office, No. 37, Mettupalayam Road, Coimbatore - 43.

+1cc to Mr.K.J.Sivakumar, Advocate SR. No. 33405 W.P. No. 29363 of 2017 GSM (CO) PR (10/06/2022) https://hcservices.ecourts.gov.in/hcservices/