P.Ragothaman v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.1448 of 2020 P. Ragothaman ... Petitioner Vs.
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram 605 602.
2. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme Thriuvallur House, Pallavan Salai, Chennai 600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to pay difference of terminal benefits of Gratuity, Commutation, Leave salary and arrears monthly pension for 55 months interest @ 9% p.a. as per 2013 12th wage settlement along with 4th review benefits within the stipulated time as Page No.1 of 6
may be fixed by this Court.
For Petitioner :
Mr. N.Desinghu For Respondents :
Mr.M.Aswin Standing Counsel for R1 Mr.C.S.K.Sathish Standing Counsel for R2
O R D E R
The petitioner has filed this petition seeking direction to the respondents to pay difference of terminal benefits of Gratuity, Commutation, Leave salary and arrears monthly pension for 55 months interest @ 9% p.a. as per 2013 12th wage settlement along with 4th review benefits within the stipulated time as may be fixed by this Court.
2. The case of the petitioner is that the petitioner viz., P.Ragothaman joined the service of the respondent Corporation as Conductor on 05.06.1981 and his service was regularised on 01.02.1983. According to the petitioner, he retired on 30.06.2014 and the terminal benefits ought to have been calculated in the year 2013. However, due to 12th wage settlement entered between Management and Workers Union, effecting from 01.09.2013, it was Page No.2 of 6
decided that the petitioner was entitled for 5.5% increase in basic pay with effect from 01.09.2013. The respondent Transport Corporation has calculated the petitioner's last month basic pay by adding 5.5% salary, but in respect of terminal benefits viz., Gratuity, Commutation, Earn leave salary and pension the respondent Corporation not yet calculated the increased basis pay @ 5.5%. Hence he gave a representation to the respondents seeking for the payment of difference in terminal benefits. Since there was no response, the petitioner has come forward with the present writ petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 20.06.2019 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted that he has no objection for the said order being passed by this Court.
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5. Heard the learned counsel on either side and perused the materials available on record.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 20.06.2019 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7. This Writ Petition is disposed of with the above observation and direction. No costs.
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Yes/No Speaking Order :
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To:
1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram 605 602.
2. The Administrator, Tamil Nadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme Thriuvallur House, Pallavan Salai, Chennai 600 002.
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J. SATHYA NARAYANA PRASAD, J.
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