M.Jeevanandam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M.Jeevandam ... Petitioner

Versus

1. The Managing Director, Tamilnadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode-638 001

3. The Administrator, Tamil Nadu Transport Corporation EPF Trust Thiruvalluvar House, Anna Salai, Chennai - 2

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay the difference / arrears of wages for the period from 01.09.2019 to 30.04.2020 and also to pay terminal benefits namely, Gratuity, Encashment of leave, Provident Fund, Pension Arrears and to revise pension on the basis of 12(3) Settlement along with 12% interest per annum within a time frame.

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For Petitioner : Mr.N.Senthilkumar For Respondents : Mr.M.Murali Vinodh for R1 and R2 Standing Counsel Mr.C.S.K.Sathish for R3 Standing Counsel

O R D E R

The present Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents to pay the difference / arrears of wages for the period from 01.09.2019 to 30.04.2020 and also to pay terminal benefits namely, Gratuity, Encashment of leave, Provident Fund, Pension Arrears and to revise pension on the basis of 12(3) Settlement along with 12% interest per annum within a time frame.

2. The case of the petitioner is that the petitioner is a retired employee from the Respondents/Corporation. The grievance of the petitioner is that as per the new settlement, the scale of pay is required to be re-fixed ie., 01.09.2019 to the month of petitioner's retirement i.e., 30.04.2020, thus, the respondents are bound to pay the arrears of wages for the period from 01.09.2019 to 30.04.2020, however, the same has not been done, hence this petition.

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3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 10.11.2024 and pass orders.

4. The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest per annum as per the earlier orders of this Court.

5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court directs the respondents to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of eight weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 3/5

6. With the above directions, this Writ Petition stands disposed of. No order as to costs.

30.01.2025 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd To

1. The Managing Director, Tamilnadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode-638 001

3. The Administrator, Tamil Nadu Transport Corporation EPF Trust Thiruvalluvar House, Anna Salai, Chennai - 2 4/5

V.BHAVANI SUBBAROYAN, J.

ssd 30.01.2025 5/5