S.Valarmathi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Valarmathi ....

Petitioner Vs

1. The Managing Director, No.3/137, Salamedu, Villupuram - 605 602.

2. The General Manager, 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 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears with 10% interest as per 14th Wage Settlement dated 24.08.2022 to him.

For Petitioner : Mr.S.T.Varadarajalu For R1 and R2 : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition has been filed for a direction directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 14th wage settlement dated 24.08.2022 with 10% interest to the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's husband had joined in the service of the first respondent as Driver. While retiring from his service, he was holding the post of Checking Inspector. He retired from service on 31.05.2022 and died on 19.11.2022. The 14th Wage settlement which came into force belatedly on 24.08.2022, but the wage revision was given effect from 01.01.2022. Therefore, the petitioner's husband is entitled to get settlement benefits and terminal benefits as per 14th Wage settlement. Hence, the petitioner submitted her representation. However, it is pending on the file of the respondents.

4. Considering the above facts and circumstances of the case, the

respondents are directed to consider the representation of the petitioner. If the petitioner's husband is entitled for difference in leave salary, difference in gratuity and pensionary arrears, if any, he may be settled with all the difference as per 14th Wage settlement, dated 24.08.2022, with applicable interest, and disburse the same, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

28.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To

1. The Managing Director, No.3/137, Salamedu, Villupuram - 605 602.

G.K.ILANTHIRAIYAN. J, Lpp

2. The General Manager, 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.

28.02.2024