M.Selvaraju, v. The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Selvaraju

...Petitioner

-Vs1. The Additional Chief Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust/ Post Retirement Benefit Fund, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pay the differential terminal benefits viz., Gratuity and leave encashment of Rs.90,697/- based on the revision of pay scale introduced by the

respondent as per the 13th settlement entered between the Union and the Management on 04.01.2018, which would be appropriate along with the interest at the rate of 18% per annum.

For Petitioner : Mr.P.Paramasiva Doss For Respondents For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Venkatesa Perumal Standing Counsel For R3 : Mr.C.S.K.Sathish

ORDER

The writ petition has been filed for direction to direct the respondents to pay the differential terminal benefits viz., Gratuity and leave encashment of Rs.90,697/- based on the revision of pay scale introduced by the respondent as per the 13th settlement entered between the Union and the Management on 04.01.2018, along with the interest at the rate of 18% per annum.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

On perusal of the counter filed by the respondents 1 & 2 revealed that as per the 13th settlement entered between the Union and the Management dated 04.01.2018, with effect from 01.09.2016, the petitioner is eligible for gratuity and leave encashment. Further assured that they will disburse the amount at the earliest. 4.

Considering the above facts and circumstances, the second respondent is directed to disburse the gratuity and leave encashment of Rs.90,697/- based on the revision of pay scale as per the 13th settlement dated 04.01.2018, with interest at the rate of 6% per annum, within a period of eight weeks from the date of receipt of a copy of this Order. 5.

With the above directions, the Writ Petition stands disposed of. There shall be no orders as to costs.

02.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Additional Chief Secretary, Transport Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust/ Post Retirement Benefit Fund, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

02.01.2024