Madras High CourtWP/1653/2024disposed of

E.Ravichandran v. The Managing Director

2024-01-30Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.1653 of 2024 E.Ravichandran ... Petitioner Vs.

... Respondents PRAYER:

from 01.09.2019 to 30.06.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.07.2022 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement similar to the orders passed by the Madurai Bench of this Court in WP.(MD) No.23774/2023 dated 29.09.2023 within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Manoj Kumar For Respondents : Mr.R.Venkatesa Perumal, Stanting Counsel WP.No.1656 of 2024 V.Karthikeyan ... Petitioner Vs.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, 2/6

Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 30.06.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.05.2020 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement similar to the orders passed by the Madurai Bench of this Court in WP.(MD) No.23774/2023 dated 29.09.2023 within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Manoj Kumar For Respondents : Mr.R.Venkatesa Perumal, Stanting Counsel COMMON ORDER Both the writ petitions have been filed for direction to the 3/6

respondents to revise the petitioners' wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay them the arrears of wages payable from 01.09.2019 to 30.06.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.05.2020 to 28.02.2023 & 01.07.2022 to 28.02.2023 respectively along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement similar to the orders passed by the Madurai Bench of this Court in WP.(MD) No.23774/2023 dated 29.09.2023 within a time limit to be stipulated by this Court.

2. The petitioners retired as Checking Inspector and Senior Driving Instructor respectively from the respondents / Corporation. They reached the age of superannuation on 30.06.2022 & 30.04.2020 respectively.

3. A settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioners were also entitled to the benefit under the said settlement, dated 24.08.2022. But their terminal benefits 4/6

were settled without reference to the terms of the settlement. Therefore, the petitioners are entitled to not only the difference in benefits but also interest thereon.

4. This stand of the petitioners cannot be disputed. I therefore, direct the respondents / Corporation to pay arrears of wages and differential benefits in respect of Gratuity and Encashment of Leave as per wage settlement, dated 24.08.2022. Those amounts shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioners' retirement till the date of payment.

5. With the above said observations, both the writ petitions stand disposed of. There shall be no order as to costs. 30.01.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok G.K.ILANTHIRAIYAN, J.

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lok To 3.The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002 30.01.2024 6/6