A.Syed Riyazuddeen v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Syed Riyazuddeen

...Petitioner

Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KUM) Limited, New Railway Station Road, Pudukottai Region, Pudukottai District.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the difference amount of Gratuity Rs.59,354/- along with interest at the rate of 6% on the basis of the petitioner's representation dated 27.12.2023.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel 1/5

O R D E R

Heard Mr.K.Gokul, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel for the respondents.

2. The petitioner, who was retired from service on 19.05.2015 has filed this Writ Petition seeking direction against the respondents to disburse the difference amount of Gratuity Rs.59,354/- along with interest at the rate of 6% on the basis of the petitioner's representation dated 27.12.2023.

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

4. As per the submission of the learned counsel for the petitioner, the petitioner was appointed in the respondent Corporation on 27.09.1985 and retired on 19.05.2015 on attaining the age of superannuation. The respondent Corporation has taken into account the period from 31.01.1987 to 19.05.2015 for granting retirement benefits. However, they did not take into account the petitioner's trainee period 2/5

from 26.10.1983 to 31.01.1987. Hence, the respondent Corporation has not settled the difference of Gratuity amount to the petitioner for a period of three years. In this regard, the petitioner made a representation dated 27.12.203 before the respondents seeking for settlement of gratuity amount for the said period. Since no action was taken, the petitioner approached this Court by way of filing this Writ Petition.

5. Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation dated 27.12.2023 and pass orders on merits and in accordance with law within a peirod of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

18.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To:

1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (KUM) Limited, New Railway Station Road, Pudukottai Region, Pudukottai District.

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R.N.MANJULA, J.

Nsr 18.06.2024 5/5