S.Radhakrishnan v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2024
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH S.Radhakrishnan
...Petitioner
Vs.
The Management, Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Rep. By its Managing Director, Erode ..Respondent Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to revise/refix the petitioner scale of pay with effect from 01.09.2019 to till his retirement, based on the wage settlement dated 24.08.2022 and consequently, to pay the petitioner the difference / arrears of wages for the period from 01.09.2019 to 31.03.2020 and also the terminal benefits namely Gratuity and Encashment of leave after revising the same based on such re-fixed scale of pay payable tot he petitioner on the month of petitioner retirement, together with 18% interest per annum, within a time frame fixed by this Court.
For Petitioner : Mr.G.Vijay Priyan for Mr.V.Ajay Khose For Respondent : Mr.M.Mrali Vinodh Standing Counsel 1/5
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondent to pay the amount payable towards arrears of wages for the period from 01.09.2019 to 31.03.2020 and also the terminal benefits viz., Gratuity and Encashment of leave based on the scale of pay at the time of his retirement, at the rate of 18% per annum from the date of retirement till the date of actual payment. 2.
The case of the petitioner is that he was working as a Conductor in the respondent Corporation from 30.01.1992. After completion of 28 years of service, he retired from service as "Selection Grade Conductor" on 31.03.2020.
3.
The further case of the petitioner is that while settling his terminal benefits, the respondents failed to pay and settle the amount toward arrears of wages for the period from 01.09.2019 to 31.03.2020 and also the terminal benefits viz., Gratuity and Encashment of leave. The petitioner made an application under the Right to Information Act and the respondent also provided the details of amount to be paid to the petitioner 2/5
under these heads through information dated 14.12.2023. Since the amount due and payable towards the wages, Gratuity and encashment of leave were not paid to the petitioner, the present writ petition has been filed seeking for appropriate directions.
4.
Heard Mr.G.Vijay Priyan, learned counsel for Mr.V.Ajay Khose, learned counsel for the petitioner and Mr.M.Murali Vinoth, learned Standing counsel for respondent.
5.
Taking into consideration the facts and circumstances of the case and the RTI information dated 14.12.2023 that was furnished to the petitioner, there shall be a direction to the respondent Corporation to settle the amount due and payable towards arrears of wages for the period from 01.09.2019 to 31.03.2020 and also the terminal benefits viz., Gratuity and Encashment of leave, within a period of six weeks from the date of receipt of a copy of this order with 6% interest from the date of retirement till the date of actual realisation. If there is any delay in settling the amount within the time frame fixed by this Court, the respondent Corporation will be liable to pay interest at the rate of 12% from the date of retirement till the date of actual realisation. 3/5
6.
The petitioner is directed to make a fresh representation to the respondent along with a copy of this order. 7.
This writ petition is disposed of with the above directions. No costs.
12.08.2024 Internet: Yes/No Index: Yes/No rka N.ANAND VENKATESH,J., rka 4/5
To The Management, Tamil Nadu State Transport Corporation (Kovai) Limited, Erode Region, Rep. By its Managing Director, Erode 12.08.2024 5/5