Madras High CourtWP(MD)/15179/2017dismissed

G.Murugaiyan, v. The Tnstc (Kumbakonam) Ltd.,

2017-08-11Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15179 of 2017 G.Murugaiyan ... Petitioner -vs1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to pay the difference amount in gratuity and terminal leave salary based on VIth pay commission recommendations in terms of G.O.Ms.No.250, Finance (BPE) Department, dated 17.06.2009 together with interest at the rate of 18% per annum from the date of my retirement to till the date of payment within the time frame that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents 1&2 : Mr.D.Sivaraman Standing Counsel for TNSTC

O R D E R

The petitioner is a retired Superintendent from the first respondent Corporation, Kumbakonam Region. He retired from service with effect from 30.06.2009. His grievance shows that no action has been taken for re-fixation of his leave salary and gratuity and also difference in leave salary and gratuity. Therefore, the petitioner has given representations dated 21.06.2017 and 08.07.2017 and the same were not considered. Hence, the petitioner is before this Court with this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is seen that the petitioner has not taken up the matter within the reasonable time. Since there is a huge delay in filing

the writ petition, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition fails and the same is dismissed on the ground of laches. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

+ 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 72277 MRN/RR TE/SV-MMS/SAR-II : 07/09/2017 : 2P/4C W.P(MD)No.15179 of 2017 11.08.2017 https://hcservices.ecourts.gov.in/hcservices/