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Madras High CourtWP/21943/2024disposed of

A.Krishnamoorthy, Dr 05505 v. The General Manager

2024-07-31Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Krishnamoorthy ... 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 Writ Petition is filed under Article 226 of the Constitution of India praying to issue 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, EL surrender, last month's 11 days salary and pension arrears with interest at the rate of 8% per annum as per 13th wage settlement dated 04.01.2018 to the petitioner within a specified time.

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For Petitioner : Mr. Yash Rathi For Respondents : Mr. R.Venkatesa Perumal, Standing Counsel (for R1)

O R D E R

The Writ Petition has been filed for directing the respondents to pay the difference in provident fund arrears, the difference in leave salary, the difference in gratuity, the difference in commutation, EL surrender, last month's 11 days salary and pension arrears with interest at the rate of 8% per annum as per 13th wage settlement dated 04.01.2018 to the petitioner within the stipulated time as may be fixed by this Court.

2. The petitioner was working as Special Grade Driver under the respondents and retired from service on 31.10.2016. The petitioner was settled with retirement benefits. While that being so, 13th Wage Settlement was entered into between the Management and the Trade Unions and the same was signed on 04.01.2018.

3. Accordingly, the Management agreed to revise the wages of the employees those who are in service as on 01.09.2016, by revising the pay by 2/5

(basic pay + grade pay) x 2.44 of the earlier wages. Since the petitioner was retired from service with effect from 31.10.2016, the revised pay was not implemented to the petitioner. Therefore, the petitioner submitted representation to the respondents and the same was not considered so far.

4. In view of the above, the respondents are directed to pay the arrears of wages as per the 13th Wage Settlement dated 04.01.2018, difference in provident fund arrears, the difference in leave salary, the difference in gratuity, the difference in commutation, EL surrender, last month's 11 days salary and pension arrears along with the interest at the rate of 6% per annum within a period of eight weeks from the date of receipt of a copy of this order.

5. In the result, this Writ Petition is disposed of on the aforesaid observations. No costs.

31.07.2024 Index:Yes/No kv 3/5

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 House, Pallavan Salai, Chennai - 600 002.

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G.K.ILANTHIRAIYAN, J.

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