L.Rajendran v. The Managing Director
G.K.ILANTHIRAIYAN, J.
Today, the matter is listed under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner pointed out that a direction with regard to the interest portion payable by the respondents was omitted in the common order dated 14.02.2024 passed in W.P.Nos.3256 & 3261 of 2024, in respect of the prayer sought in W.P.No.3256 of 2024. Therefore, the learned counsel prayed for suitable directions to include the same.
3. Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to include the percentage of interest in the common order dated 14.02.2024 in W.P.Nos.3256 & 3261 of 2024, as paragraph No.5, which shall read as follows:- "5. Insofar as the W.P.No.3256 of 2024 is concerned, the respondents are directed to pay the interest at the rate of 6% per annum for the belated payment of leave salary and difference in pension amount, within twelve (12) weeks from the date of receipt of a copy of this order."
4. Registry is directed to issue a fresh order copy to the parties concerned, after including the above said paragraph as No.5, and renumbering the existing paragraph No.5 as paragraph No.6 in the common order dated 14.02.2024 in W.P.Nos.3256 & 3261 of 2024. The rest of the portions in the common order dated 14.02.2024 shall remain unaltered. 12.08.2025 klt G.K.ILANTHIRAIYAN, J.
klt 12.08.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3256 of 2024
1. L.Rajendran
2. N.Anbarasan
3. V.Babu
4. K.Pakkirisamy
5. P.Susila Rani
6. G.Ramesh Kumar
7. S.Kathirvel
8. K.Somasundaram
9. T.Babu
10. R.Lakshmi
11. P.Vetrivel
12. C.Palanivel
13. R.Radha
14. S.Sivaprakasam
15. A.Malaimani
16. A.Sowkkathali
17. Sivakamasundari
18. M.Rajakumari
...Petitioners
-Vs1.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O, Villupuram District-605 401.
2.The General Manager
TamilNadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore, Cuddalore District-607 002.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
...Respondents
Prayer in W.P.No.3256 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of gratuity, Provident Fund, Leave Salary and commutation of pension amount to the petitioners.
W.P.No.3261 of 2024
1. S.Selvaraj
2. R.Rajendran
...Petitioners
-Vs1.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O, Villupuram, Villupuram District-605 401.
2.The General Manager TamilNadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2 Imperial Road, Cuddalore, Cuddalore-607 002.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
...Respondents
Prayer in W.P.No.3261 of 2024: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay the difference in leave salary and difference in pension amount with 10% interest as per 12th and 13th wage settlement dated 13.04.2015 and 04.01.2018 to the petitioners. (In both W.Ps') For petitioners : Mr.S.T.Varadarajalu For respondents - 1 & 2 : Mr.R.Venkatesa Perumal Standing Counsel For respondent 3 : Mr.C.S.K.Sathish Standing Counsel COMMON ORDER These Writ Petitions have been filed for a direction directing the respondents to pay the difference amount of terminal benefits as per the 13th wage settlement along with 10% interest for the belated period of terminal benefits to the petitioners.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioners were working as Driver, Conductor, Foreman, Assistant, Sr.Tradesman and Checking Inspector in the respondents' Corporation and they were retired from service on 31.05.2014, 31.07.2017, 31.05.2022, 30.06.2022, 30.09.2022, 31.10.2022, 09.10.2021, 31.08.2022, 31.07.2023 respectively. As per the 13th Wage Settlement the basic salary has
been amended for the permanent employees who all were working as on 01.09.2016. Therefore, the petitioners are also entitled to get the terminal benefits, such as, Gratuity, Earned Leave Salary, etc., based on the 13th Wage Settlement. Therefore, the petitioners submitted a representation and the same were not considered so far.
4. Considering the facts and circumstances of the case, the respondents are directed to pay the difference amount of terminal benefits as per the 13th Wage Settlement along with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, these Writ petitions are disposed of. No costs.
14.02.2024 (1/2) Index : Yes/No Speaking/Non-Speaking order gvn G.K.ILANTHIRAIYAN,J.
gvn To
1.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O, Villupuram District-605 401.
2.The General Manager TamilNadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore, Cuddalore District-607 002.
3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.
14.02.2024 (1/2)