R.Russalian Vs the Managing Director

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned leave salary amount and consequently direct the Respondents to pay the unsettled benefits of leave surrender amount and last 7 days salary within the stipulated time as may be fixed by this Court.

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

W.P.No.28729 of 2025

¶17

For Petitioner : Mr. J.Pradeep For Respondents : Mr. K.Raja, Standing Counsel

¶18

¶19

O R D E R

¶20

By consent of both the learned counsel for the parties, the Writ

¶21

Petition is taken up for final disposal, at the admission stage itself.

¶22

The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to disburse the 6% interest for belated payment of Provident Fund, Gratuity and Earned leave salary amount and consequently direct the Respondents to pay the unsettled benefits of leave surrender amount and last 7 days salary within the stipulated time as may be fixed by this Court.

¶23

Heard the learned counsel for both sides and perused the materials available on record.

¶24

The learned counsel for the petitioner would submit that the petitioner has joined in the services of the 1^st Respondent-Transport Corporation as Driver on 07.11.1992 and after rendering 27 years of service,

¶25

2/5

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P.No.28729 of 2025

¶28

he retired from service on 31.03.2020 as Selection Grade Senior Driver. The learned counsel for the petitioner would submit that though he retired from service on 31.03.2020, the respondents settled the Provident Fund, Gratuity and Earned Leave Salary only on 02.06.2021, with a delay of 14 months. However, no interest was paid for the above period. Moreover, the petitioner was not paid leave surrender amount and last 7 days salary. In this connection, the petitioner has sent a representation on 18.06.2025 to the respondents and such representation is yet to be considered by the respondents. Therefore, the present Writ Petition has been filed.

¶29

At this juncture, the learned Standing Counsel appearing for the respondents would fairly submit that they would consider the petitioner's representation within a reasonable time.

¶30

In view of the said fair submission made by the learned Standing Counsel, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 18.06.2025, and pass orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of

¶31

3/5

¶32

https://www.mhc.tn.gov.in/judis

¶33

W.P.No.28729 of 2025

¶34

a copy of this order.

¶35