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Madras High CourtWP/5132/2025disposed of

D.Nagarajan v. The General Manager

2025-02-14Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.5132 of 2025

1. D. Nagarajan

2. D. Sellamuthu ... Petitioners vs

1. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited.

Cuddalore Region, No.2, Imperial Road, Cuddalore 607 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue appropriate writ orders or directions and in particular issue a Writ of Mandamus to direct the respondents to pay the difference in Gratuity, Leave salary and pension arrears as per 14th wage settlement and 8% D.A. increase with 10% interest to the petitioners. For Petitioners : Mr. S.T. Varadarajulu For Respondents : Ms. S. Pavithra Standing Counsel 1/5

ORDER

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondent to pay the difference in gratuity, leave salary and pension arrears in accordance with 14th wage settlement and also grant 8% increase in Dearness Allowance. The petitioners claim interest to be paid at the rate of 10% per annum.

2. In the affidavit filed in support of this writ petition, it had been stated that the writ petitioners had joined the first respondent office and had retired on attaining the age of superannuation on 30.09.2020 and 31.08.2020 respectively. It had been stated that the difference in gratuity and leave salary based on the increase in Dearness Allowance from 17% to 25% and the difference in gratuity, leave salaray and pension arrears in respect of the 14th wage settlement dated 24.08.2022 had not been paid to the petitioners. In this regard, the learned counsel for the petitioners pointed out that since the petitioners had retired in the year 2020, the 14th wage settlement dated 24.08.2022 would be applicable to the petitioners. 2/5

3. A direction is given to the respondents to examine the service records of the petitioners and if they are eligible for the difference in Dearness Allowance and difference in gratuity and for leave salary in accordance with the 14th wage settlement, the same must be disbursed to them within a period of four months from the date of receipt of a copy of this order. Since there has been a delay, the petitioners are also entitled for interest at the rate of 6% per annum.

4. With the above directions, this Writ Petition stands disposed of. No costs.

14.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 3/5

To

1. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited.

Cuddalore Region, No.2, Imperial Road, Cuddalore 607 002.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai 600 002 4/5

C.V. KARTHIKEYAN, J.

bga W.P.No.5132 of 2025 14.02.2025 (1/2) 5/5