R.Dhamodaran v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. R.Dhamodaran

2. C.Rajendran

3. K.Bharathi

4. C.Govindaraj

5. P.Parthasarathi

6. G.Venkatesan

7. S.Ravi

8. V.Muthazhagan

9. V.Parthiban

10. P.Karthikeyan

...Petitioners

-Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram-605 401.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, 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, to direct the respondents to pay the difference of amount in leave salary, E.L. Surrender, Gratuity, Pension, Pension arrears and commutation of petition amount to the petitioners as per 14th wage settlement with 10 percentage interest. For Petitioners : Mr.S.T.Varadarajalu For R1 : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition has been filed for direction directing the respondents to pay the difference of amount in leave salary, E.L. Surrender, Gratuity, Pension, Pension arrears and commutation of petition amount to the petitioners as per 14th wage settlement with 10 percentage interest.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners had joined in the service of the first respondent as Driver, Conductor and Technical Staffs. They retired in the year 2022. The 14th Wage settlement which came into force belatedly on 24.08.2022, but the wage revision was given effect from 01.09.2019. Therefore, the petitioners are entitled to get settlement benefits and terminal benefits as per 14th Wage

settlement. Hence, the petitioners submitted their representations. However, it is pending on the file of the respondents.

4. Considering the above facts and circumstances of the case, the respondents are directed to consider the representations of the petitioners. If the petitioners are entitled for difference in leave salary, E.L. Surrender, Gratuity, pension, pensionary arrears and commutation of pension amount, if any, they may be settled with all the difference as per 14th Wage settlement, dated 24.08.2022, with applicable interest, and disburse the same, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

26.07.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Kandamanadi P.O., Villupuram-605 401.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

26.07.2024