M.Kumar, Sr 1137 v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Kumar ....
Petitioner Vs
1. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar House, Pallavan Salai, Chennai - 600 002.
....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a 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, the pension arrears with interest at the rate of 8% per annum as per 13th wage settlement dated 04.01.2018 to the petitioner. For Petitioner : M/s.Yash Rathi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel
ORDER
This Writ Petition has been filed for a direction directing the respondent to pay the difference amount of terminal benefits as per the 13th wage settlement along with interest at the rate 8% per annum for the belated period of terminal benefits to the petitioner.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was working as Checking Inspector in the respondents Corporation and retired from service on 31.05.2015. As per the 13th Wage Settlement the basic salary has been amended for the permanent employees who all were working as on 01.09.2016. Therefore, the petitioner is also entitled to get the terminal benefits, such as, Gratuity, Earned Leave Salary, etc., based on the 13th Wage Settlement. Therefore, the petitioner submitted a representation and the same was not considered so far.
4. Considering the facts and circumstances of the case, the respondents are directed to pay the difference amount of terminal benefits as per the 13th Wage Settlement along with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ petition stands disposed of. No costs.
09.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1. The General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Tiruvannamalai Region, Vengikal, Tiruvannamalai - 606 604.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Tiruvalluvar Housr, Pallavan Salai, Chennai - 600 002.
G.K.ILANTHIRAIYAN. J, Lpp 09.07.2024