B.Kotteswaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN B.Kotteswaran ... Petitioner in W.P.No17793 of 2025 A.Thiyagarajan ... Petitioner in W.P.No.17798 of 2025 Vs.
1.
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram - 632 009.
... Respondents in both W.P's Common Prayer: Writ Petitions filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, to direct the respondents to disburse the differential sum of Gratuity and Leave Encashment benefit to the petitioner based on Dearness Allowance revision with effect from 01.04.2023 with interest at the rate of 8 percentage per annum from the said date of entitlement to till the date of actual disbursement.
(in both W.P's) For Petitioner : Mr.J.Lakshminarayanan For Respondents : Ms.S.Pavithra Standing Counsel for R1 and R2 COMMON ORDER These two writ petitions are connected to each other and as such are taken up and disposed of by this common order. Writ petitions have been filed to direct the respondents to disburse the differential sum of Gratuity and Leave Encashment benefit to the petitioner based on Dearness Allowance revision with effect from 01.04.2023 along with 8% interest from the said date of entitlement till the date of actual disbursement by considering their representations dated 07.03.2025 and 19.03.2025.
3.
The case of the petitioners is that they retired from service as Special Grade Conductor, Vellore Region. Dearness allowance was granted at 38% of basic pay as on 01.07.2022 for the Transport Employees. However,
with effect from 01.04.2023 it was revised to 42% of basic pay. While calculating the retirement benefits, the said 4% hike in dearness allowance was not taken into consideration. Hence, the petitioners have submitted their respective representation to the respondent Transport Corporation and the same were not considered till date. Hence the petitioners have filed the present writ petitions.
4.
Learned Counsel for the petitioners would submit that the petitioners are entitled for differential amount in leave encashment and gratuity along with interest. As such, they sent their representation to the respondents and are yet to be disposed of.
5.
Ms.S.Pavithra, learned Standing Counsel who takes notice for the respondent Transport Corporation would fairly submits that they are ready to pay eligible amount payable to the petitioners.
6.
In such view of the matter, without going into the merits of the matter, this Court deem it appropriate to direct the respondents to consider the above said representations of the petitioners within a period of six weeks from the date of receipt of a copy of this order on its own merits and in accordance with law.
7.
In the result, the Writ Petitions are disposed of with the above driections.. No costs.
05.06.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram - 632 009.
C.KUMARAPPAN, J.
veda 05.06.2025