T.Sachidanandam, Cr 70714 v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Sachidanandam ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai 606 604 2.The Administrator, Tamilnadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to pay the difference in Provident fund arrears, the difference in leave salary, the difference in Gratuity, the difference in commutation arrears, last 10 days salary, and pension arrears with interest at the rate of 8% per annum as 1/5

per 14th wage settlement dated 24.08.2022 to the petitioner within a specified time.

For petitioner : M/s.R.Yash Rathi For respondents For R1 : Mr.R.Venkatesa Perumal, Standing Counsel

ORDER

The writ petition has been filed for direction to the respondents to pay the difference in Provident fund arrears, the difference in leave salary, the difference in Gratuity, the difference in commutation arrears, last 10 days salary, and pension arrears with interest at the rate of 8% per annum as per 14th wage settlement dated 24.08.2022 to the petitioner within a specified time.

2. The petitioner retired as Special Grade Conductor from the respondents / Corporation on 30.06.2022.

3. A settlement was entered into on 24.08.2022. Therefore, the petitioner is also entitled to the benefit under the said settlement, dated 2/5

24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.

4. This stand of the petitioner cannot be disputed. I therefore, direct the respondents / Corporation to pay the difference in Provident fund arrears, the difference in leave salary, the difference in Gratuity, the difference in commutation arrears, last 10 days salary, and pension arrears as per 14th wage settlement dated 24.08.2022. Those amounts shall be paid within a period of eight weeks from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.

5. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. 03.07.2024 Index: Yes/No 3/5

Speaking/Non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai 606 604 2.The Administrator, Tamilnadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvallur House, Pallavan Salai, Chennai 600 002 4/5

03.07.2024 5/5