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Madras High CourtWP/6159/2024disposed of

N. Ramasamy v. The Management Of

2024-03-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Ramasamy

...Petitioner

-VsThe Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Rep.by its Managing Director, Erode.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to pay the petitioner the difference/arrears of wages for the period from 01.09.2019 to 30.04.2022 and also terminal benefits namely Gratuity and Encashment of Leave, after revising the same, based on the scale of pay payable to him on the month of his retirement as admitted by the respondent in the RTI information dated 06.01.2024, together with 18% interest per annum, within a time frame. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.M.Muralivinoth, Standing Counsel

ORDER

This Writ Petition has been filed for a direction directing the respondent to pay the difference amount of terminal benefits as per the 13th wage settlement along with 18% per annum interest for the belated period of terminal benefits to the petitioner.

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

3. The petitioner was working as a Conductor in the respondent Corporation and retired from service on 30.04.2022. As per the 13th Wage Settlement the basic salary has been amended for the permanent employees who all were working as on 01.09.2016. Therefore, the petitioner is also entitled to get the terminal benefits, such as, Gratuity, Earned Leave Salary, etc., based on the 13th Wage Settlement. Therefore, the petitioner submitted a representation and the same was not considered so far.

4. Considering the facts and circumstances of the case, the respondent is directed to pay the difference amount of terminal benefits as per the 13th Wage Settlement along with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ petition stands disposed of. No costs.

08.03.2024 (7/7) Index : Yes/No Speaking/Non Speaking order Lpp To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Erode.

G.K.ILANTHIRAIYAN. J, Lpp

08.03.2024 (7/7)