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Madras High CourtWP/4550/2025disposed of

K.Krishnan v. The General Manager

2025-02-12Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.4550 of 2025 1.K.Krishnan 2.S.Moovanthan 3.N.Ravi 4.S.Kannan 5.J.Amalraj 6.M.Saravanan 7.K.Anjugam 8.K.Saravanan 9.T.Santhi 10.G.Chandran 11.C.Nedumananji 12.N.Balakrishnan 13.P.Velumani 14.C.Kaliyaperumal 15.S.Ekambaram .. Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.

2.The Assistant Manager (Gratuity), Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

.. 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 increased DA and 14th wage settlement dated 24.08.2022 with 10% interest to the petitioner.

For Petitioner .. Mr.S.T.Varadarajulu For Respondents .. Mr.S.Pavithra, Standing Counsel

ORDER

This Writ Petition has been filed by 15 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 24.08.2022. 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 Checking Inspectors. 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 24.08.2022. At the time of retirement, the settlement talks were in progress and it was subsequently implemented. The petitioners have attained the age of superannuation in the year 2020 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 General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.

2.The Assistant Manager (Gratuity), Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram - 605 401.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

C.V.KARTHIKEYAN,J.

smv W.P.No.4550 of 2025 12.02.2025