M.R. Somasundaram v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN M.R.Somasundaram ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem-636 007.
2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to Pay the differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear amount by taking note of 14th Wage Settlement dated 1/6
24.08.2022 along with interest at the rate of 6% within the stipulated time as may be fixed by this Court.
For Petitioner : Mr.J.Pradeep For R1 and R2 : Mr.K.Raja, Standing Counsel For R3 : Mr.C.S.K.Sathish, Standing Counsel
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to Pay the differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear amount by taking note of 14th Wage Settlement dated 24.08.2022 along with interest at the rate of 6% within the stipulated time as may be fixed by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
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4. The learned counsel for the petitioner would submit that the petitioner has joined in the services of the Respondents-Transport Corporation and on attaining the age of superannuation, he retired from service on 31.12.2019 as Conductor. The learned counsel for the petitioner would submit that the petitioner is entitled for difference in pay according to the 14th Wage Settlement. In this connection, he has sent a representation to the 1st respondent on 05.05.2025 and such representation is pending with the 1st respondent. Since the same was not considered by the 1st respondent, the present Writ Petition has been filed.
5. At this juncture, the learned Standing Counsel appearing for the respondents 1 and 2 would submit that they will consider the petitioner's representation and the petitioner is otherwise eligible, they will pay the eligible amount, within a reasonable time.
6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the 1st respondent to consider the petitioner's representation dated 05.05.2025 and pass orders on it's own merits and in accordance with law, within a period of eight weeks 3/6
from the date of receipt of copy of this order. If the petitioner is eligible for any amount, the 1st respondent is directed to pay the same along with interest at the rate of 6% per annum from the date of retirement till the date of disbursal.
7. With the above directions, the Writ Petition is disposed of. No costs.
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To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem-636 007.
2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
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C.KUMARAPPAN, J.
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