S.Gowrisankar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. Nos.17700, 17704, 17708, 17711, 17714, 17720, 17725, 17726 & 17727 of 2021 S.Gowrisankar No.133, Vaigai Square Thanthai Periar Nagar Kandamanadai Post Villupuram District 605 401 ... Petitioner /Vs/ The Managing Director Tamil Nadu State Transport corporation (Villupuram) Limited 3/137, Salamedu, Valudha Reddy Post Villupuram 605 602 ... Respondent Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondent to pay difference in earned leave salary, medical leave salary on private affairs convertible into 90 days, difference in gratuity and CRBS recovered amount with 10% interest to the Petitioner.

For Petitioner :

Mr.S.T.Varadarajulu (in all the Petitions) For Respondents :

Mr.M.Ashwin Standing counsel (in all the Petitions) 1/4

COMMON ORDER These Writ Petitions have been filed for issuance of Writ of Mandamus directing the Respondent to pay difference in earned leave salary, medical leave salary on private affairs convertible into 90 days, difference in gratuity and CRBS recovered amount with 10% interest to the Petitioner. 2.Heard Mr.S.T.Varadarajulu, learned counsel appearing for the Petitioners, Mr.M.Ashwin, learned standing counsel appearing for Respondent. 3.Mr.S.T.Varadarajulu, learned counsel appearing for the Petitioner submitted that the Petitioners were working in the Respondent Corporation and on attaining the age of superannuation, they got retired. At the time of their retirement, they were in the pay structure of 6th Pay Commission and they received settlement as per the 6th Pay Commission recommendations.

While so, the Government released an order for the 7th Pay Commission recommendations, with effect from 01.01.2016 and monetary benefits from 01.10.2017. As per which, the Respondent revised the pay of the serving employees in April 2018 and for the retired employees in October 2019 and the Petitioner are not paid with revised terminal benefits such as difference in leave salary and difference in gratuity as per the 7th Pay Commission recommendations.

Petitioners have submitted their representation seeking revised terminal benefits as per the 7th Pay Commission recommendation, the same were not considered by the Respondent. Hence the Petitioners are before this Court. 4.Taking into consideration of the limited prayer sought for in these Writ Petitions to consider the representations of the Petitioners seeking revised terminal benefits as per the 7th Pay Commission recommendations, I feel it is appropriate to direct the Respondent to consider the Petitioners representation on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, these Writ Petitions are disposed of. No costs.

01.11.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

R.N.MANJULA, J.

sai To The Managing Director Tamil Nadu State Transport corporation (Villupuram) Limited 3/137, Salamedu, Valudha Reddy Post Villupuram 605 602 W.P. Nos.17700, 17704, 17708, 17711, 17714, 17720, 17725, 17726 & 17727 of 2021 01.11.2023 4/4