J.Gnanasekar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN J.Gnanasekar ...

Petitioner VS.

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.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 the Constitution of India praying for a Writ of Mandamus, directing the respondents to pay the difference in leave salary, difference in gratuity and pension arrears with 10% interest as per 14th wage settlement dated 24.08.2022 to the petitioner.

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For Petitioner :

Mr.S.T.Varadarajulu For Respondent-1 :

Ms.S.Pavithra Standing Counsel

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to pay interest for the difference of amount payable to the petitioner relating to surrender leave salary, gratuity and pension arrears. The petitioner had given a representation in this regard.

2.In the affidavit filed in support of this Writ Petition, it had been contended that the petitioner joined the service of the respondent on 26.05.1987 and retired from service on 31.03.2020. It had been further contended that the terminal benefits, based on the salary, were paid to the petitioner on 31.03.2020. Subsequently, the 14th Wage Settlement was reached on 24.08.2022, with wage revision effective from 01.09.2019 and monetary benefits being implemented from 01.01.2022. As per the wage settlement, the petitioner's pay was revised and based on this, the 2/6

pension was also revised in March 2023. However, the difference in leave salary, gratuity, and pension arrears has not been settled. It has also been stated that the petitioner sent a representation seeking revision of the pay scale in accordance with the 14th Wage Settlement dated 24.08.2022. Therefore, the petitioner claims that he is entitled to the difference in leave salary, gratuity and pension arrears. The present Writ Petition has been filed seeking payment of these amounts, along with interest.

3.Heard Mr.S.T.Varadarajalu, learned counsel for the petitioner and Ms.S.Pavithra, learned Standing Counsel for the first respondent.

4.Taking into consideration the facts and circumstances of the case, a direction is given to the first respondent to determine the eligible benefits payable to the petitioner and after determining that particular amount, pay the same together with interest at the rate of 6% per annum from the date on which the petitioner had retired from service till the date of actual disbursement of the amount. 3/6

5.With the above directions, this Writ Petition stands disposed of. No costs.

13.03.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust No.2, Pallavan Salai, Chennai - 600 002.

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C.V.KARTHIKEYAN, J.

TK 13.03.2025 6/6