Madras High CourtWP/8536/2024disposed of

N.Balu, v. The Managing Director,

2024-03-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.N.Balu 2.T.Renganathan ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Kandamanadi Post, Villupuram 605 602 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 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 is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to pay 1/4

difference in leave salary and pension arrears as per 12th wage settlement dated 13.04.2015 with 10% interest to the petitioners. For petitioners : Mr.S.T.Varadarajalu For respondents For R1 & 2 : Mr.R.Venkatesa Perumal, Standing Counsel For R3 : Mr.C.S.K.Sathish, Standing Counsel

ORDER

The writ petition has been filed for direction to the respondents to pay difference in leave salary and pension arrears as per 12th wage settlement dated 13.04.2015 with 10% interest to the petitioners.

2. The petitioners retired as Special Grade Conductor and Checking Inspector respectively from the respondents / Corporation on 30.09.2013 and 31.05.2015 respectively.

3. A settlement was entered into on 13.04.2015, but it was made applicable with effect from 01.09.2013. Therefore, the petitioners are also 2/4

entitled to the benefit under the said settlement, dated 13.04.2015. But their terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioners are entitled to not only the difference in benefits but also interest thereon.

4. This stand of the petitioners cannot be disputed. I therefore, direct the respondents / Corporation to pay difference in leave salary and pension arrears as per 12th wage settlement dated 13.04.2015. Those amounts shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioners' retirement till the date of payment.

5. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. 27.03.2024 (3/5) Index: Yes/No Speaking/Non-speaking order lok G.K.ILANTHIRAIYAN, J.

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lok To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Kandamanadi Post, Villupuram 605 602 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 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 27.03.2024 (3/5) 4/4