P.Vanidasan v. The Management Of Tamilnadu State Transport Corporation (Kovai) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN P.Vanidasan ...
Petitioner VS.
The Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Rep. By its Managing Director Erode.
...
Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to pay the petitioner the difference / arrears of wages for the period from 01.09.2016 to 31.05.2017 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 21.01.2025, together with 18% interest per annum, within a time frame.
For Petitioner :
Mr.V.Ajoy Khose For Respondent :
Mr.M.Murali Vinodh Standing Counsel 1/5
O R D E R
This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to pay the difference/arrears of wages for the period from 01.09.2016 to 31.05.2017 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 21.01.2025 together with 18% interest per annum, within a time frame.
2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had joined the respondent Transport Corporation on 10.03.1981 as Conductor and retired from service upon attaining the age of superannuation on 31.05.2017. The petitioner was serving as Senior Checking Inspector. It has further been contended that the terminal benefits, based on the salary, were paid to the petitioner. Subsequently, the 14th Wage Settlement was reached on 24.08.2022, with the wage revision effective from 01.09.2019 and the monetary benefits 2/5
being implemented from 01.01.2022. As per the Wage Settlement, the petitioner is entitled to the benefits therein. However, these benefits have yet to be provided. 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 entitlement to the revision of the pay scale, as well as the difference in leave salary, gratuity, pension arrears, etc. The present Writ Petition has been filed seeking payment of these amounts, along with interest. 3.Heard Mr.V.Ajoy Khose, learned counsel for the petitioner and Mr.M.Murali Vinodh, learned Standing Counsel for the respondent. 4.Taking into consideration the facts and circumstances of the case, a direction is given to the 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.
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5.With the above directions, this Writ Petition stands disposed of. No costs.
13.03.2025 (4/6) Index : Yes / No : Yes / No Speaking Order : Yes / No TK To The Managing Director Management of Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.
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C.V.KARTHIKEYAN, J.
TK 13.03.2025 (4/6) 5/5