K.Pakkrisamy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.4619 of 2025 1.K.Pakkirisamy 2.M.Abubacker 3.R.Vetrivel 4.P.Ezhil Arasan 5.R.Mahadevan .. Petitioners Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 109.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the difference in gratuity, leave salary and pension arrears as per 14th wage settlement dated 04.01.2018, increased D.A and Grade pay with 10% interest to the petitioners.
For Petitioner .. Mr.S.T.Varadarajulu For Respondents .. Mr.S.Pavithra, Standing Counsel
ORDER
This Writ Petition has been filed by 5 separate petitioners in the nature of a Mandamus seeking a direction against the respondents to pay the difference in gratuity, leave salary and pension arrears as per increased DA and 14th wage settlement dated 04.01.2018. The petitioners also seek interest at 10% per annum.
2.The petitioners had all been employed under the respondents as Selection Grade Drivers, Conductors and Foreman. After putting nearly about 28 to 30 years of continuous service, they retired on attaining the age of superannuation. It is contended that the 14th wage settlement was entered into between the management and employees on 04.01.2018. At the time of retirement, the settlement talks were in progress and it was subsequently implemented. The 1st and 5th petitioners, 2nd petitioner and 3rd and 4th petitioners have attained the age of superannuation in the year 2022, 2015 and 2020 respectively and thereafter, seek the benefits which had been accrued under the 14th wage settlement. In this connection, the petitioners
had given representation.
3.Taking all the factors into consideration, a direction is given to the respondents to examine the each case of the petitioners independently and examine their date of retirement and examine the date on which the 14th wage settlement took into effect and whether the petitioners were eligible to be granted the benefit thereof and if they were eligible for the benefit, then pass appropriate orders. Such decision to be taken within a period of two months from the date of receipt of a copy of this order. If the petitioners are eligible for such revised pay, then they are also entitled for interest at 6% per annum.
4.With the above observations, this Writ Petition stands disposed of. No costs.
12.02.2025 Index:Yes/No Internet:Yes/No smv To
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Cuddalore Region, No.2, Imperial Road, Cuddalore - 607 109.
C.V.KARTHIKEYAN,J.
smv
W.P.No.4619 of 2025 12.02.2025