S.Panneerselvam (Pr No.012334) v. Tamilnadu State Transport Corporation (Coimbatore) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN S.Panneerselvam ...
Petitioner VS.
1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., Rep. By its Managing Director 37, Mettupalayam Road, Coimbatore - 43.
2.Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Rep. By its Administrator Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
...
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 petitioner a sum of Rs.44,625/- towards arrears of difference in pension for the period from March 2021 to March 2024; to pay the petitioner a sum of Rs.40,843/- towards difference in earned leave and medical leave salary; a sum of Rs.5,207/- towards difference in VRS 1/6
Compensation, to pay a sum of Rs.74,300/- for his earned leave surrender for the period 2009-2012; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme, a sum of Rs.4,500/- towards IRT Contributions; to pay the petitioner the amount payable under the family benefit fund scheme, together with interest at the rate of 12% per annum and to pay the petitioner interest at the rate of 12% per annum for the belated payment of Rs.13,91,595/- towards PF and for the belated payment of Rs.5,93,275/- towards earned leave / medical leave salary. For Petitioner :
Mr.R.Krishnaswamy For Respondents :
Mr.C.Gouthamaraj 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 the petitioner a sum of Rs.44,625/- towards arrears of difference in pension for the period from March 2021 to March 2024; to pay the petitioner a sum of Rs.40,843/- towards difference in earned leave and medical leave salary; a sum of Rs.5,207/- towards difference in VRS Compensation, to pay a sum of Rs.74,300/- for his earned leave surrender for the period 2009-2012; to pay the petitioner a sum of Rs.18,500/- towards the amount 2/6
payable under the Post Retirement Benefit Fund Scheme, a sum of Rs.4,500/- towards IRT Contributions; to pay the petitioner the amount payable under the family benefit fund scheme, together with interest at the rate of 12% per annum and to pay the petitioner interest at the rate of 12% per annum for the belated payment of Rs.13,91,595/- towards PF and for the belated payment of Rs.5,93,275/- towards earned leave / medical leave salary.
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 01.12.1986 as Junior Tradesman and relieved from service on 28.02.2021 under VRS Scheme. The petitioner was serving as Senior Tradesman. 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 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 3/6
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.R.Krishnaswamy, learned counsel for the petitioner and Mr.C.Gouthamaraj, learned Standing Counsel for the respondents.
4.Taking into consideration the facts and circumstances of the case, a direction is given to the respondents 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. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
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5.With the above directions, this Writ Petition stands disposed of. No costs.
02.04.2025 (2/4) Index : Yes / No : Yes / No Speaking Order : Yes / No TK To 1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., Rep. By its Managing Director 37, Mettupalayam Road, Coimbatore - 43.
2.The Administrator Tamil Nadu State Transport Corporations Employees' Pension Fund Trust Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
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C.V.KARTHIKEYAN, J.
TK 02.04.2025 (2/4) 6/6