S. Mariappan (Staff No 14032) v. Tamil Nadu State Transport Corporaiton (Coimbatore) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN S.Mariappan ...
Petitioner VS.
Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. By its Managing Director No.37, Mettupalayam Road, Coimbatore - 43.
...
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 a sum of Rs.32,230/- towards 60 days of earned leave surrendered by him, while he was in service and to pay him a balance amount of Rs.13,278/- towards arrears of difference in salary from 01.09.2013 to 31.07.2015 as per the 12(3) Settlement signed on 13.04.2015 w.e.f. 01.09.2013, with interest at the rate of 12% per annum, within a time frame.
For Petitioner :
Mr.R.Krishnasamy For Respondent :
Mr.C.Gouthamaraj 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 petitioner a sum of Rs.32,230/- towards 60 days of earned leave surrendered by him, while he was in service and to pay him a balance amount of Rs.13,278/- towards arrears of difference in salary from 01.09.2013 to 31.07.2015 as per the 12(3) Settlement signed on 13.04.2015 w.e.f. 01.09.2013, with interest at the rate of 12% 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 01.01.1989 as Conductor and retired from service upon attaining the age of superannuation on 31.07.2015. It has further been contended that the terminal benefits, based on the salary, were paid to the petitioner. Subsequently, the 12(3) Settlement was signed on 13.04.2015, with the wage revision effective from 01.09.2013. As per the Wage Settlement, the petitioner is entitled to the benefits therein. However, 2/5
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 12(3) Settlement dated 13.04.2015. 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.R.Krishnasamy, learned counsel for the petitioner and Mr.C.Gouthamaraj, 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.
3/5
5.With the above directions, this Writ Petition stands disposed of. No costs.
02.04.2025 (2/2) Index : Yes / No : Yes / No Speaking Order : Yes / No TK To The Managing Director Tamil Nadu State Transport Corporation No.37, Mettupalayam Road, Coimbatore - 43.
4/5
C.V.KARTHIKEYAN, J.
TK 02.04.2025 (2/2) 5/5