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Madras High CourtWP/23274/2023disposed of

P.Manoharan v. The Managing Director

2023-08-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR P.Manoharan ... Petitioner

Versus

1.The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to calculate and pay the difference amount with regard to Earned Leave Surrender Salary in the new refixed basic pay which was fixed based on the direction of this Court by considering the representation of the petitioner dated 21.04.2023. For Petitioner :

Mr.N.K.Ponraj For Respondents :

Mr.M.Murali Vinodh

ORDER

This Writ Petition has been filed to direct the respondents to calculate and pay the differential amount with regard to Earned Leave Page No.1 of 4

Surrender salary in the new re-fixed basic pay which was fixed based on the direction of this Court, by considering the representation of the petitioner dated 21.04.2023.

2.The grievance of the Writ Petitioner is that the petitioner retired from service on 30.04.2019 and his retirement benefits was disbursed on the basis of pre-revised scale. According to the petitioner, the Earned Leave surrender has been calculated on the basis of pre-revised scale and the new refixed basic pay has not been taken into consideration. Hence, there is discrepancies in payment to the petitioner. In this regard, the petitioner has sent the representation to the respondents on 21.04.2023, however, the same has not been considered.

3.The learned counsel appearing for the respondents submitted that the arrears if any payable to the petitioner will be calculated and the same will be settled, within a period of two months. 4.In such view of the matter, the respondents shall consider the representation of the petitioner, dated 21.04.2023 and release the differential Page No.2 of 4

amount after arriving the correcting details, within a period of two months from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

08.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation, (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 08.08.2023 Page No.4 of 4