Ravisundar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P.Nos.27943 & 27945 of 2025 Ravisundar ... Petitioner in W.P.No. 27943 of 2025 Velayutham ... Petitioner in W.P.No. 27945 of 2025 Vs.
1.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Ramakrishna Road, Salem.
The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents in both cases Prayer in W.P.No. 27943 of 2025: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, directing the respondents to pay the differential amount of salary, terminal benefits viz., gratuity, Provident Fund and Earned Leave Salary with interest @ 6 % p.a. based on the 12(3) settlement dated 24.08.2022 and also revise the pension based and pay the arrears of differential amount of pension from the date of retirement i.e 25.05.2021 to till today to the petitioner within time that may be prescribed by this Court.
Prayer in W.P.No. 27945 of 2025: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of Mandamus, directing the respondents to pay the differential amount of salary, terminal benefits viz., gratutiy and Provident Fund with interest @ 6 % p.a. based on the 12(3) settlement dated 24.08.2022 and also revise the pension based and pay the arrears of differential amount of pension from the date of retirement i.e 20.09.2020 to till today to the petitioner within time that may be prescribed by this Court.
In both cases For Petitioner : Mr.D.Venkatachalam For R1 : Mr.K.Raja, Standing Counsel For R2 : Mr.C.S.K.Satish COMMON ORDER By consent, both the writ petitions are taken up for final disposal at the admission stage itself.
The writ petitions are filed to direct the respondents to pay differential amount of salary, terminal benefits viz., gratuity, provident fund, earned leave salary with interest @ 6% p.a. and to revise the pension and pay the differential amount of pension from the date of retirement based upon Section 12(3) Settlement dated 24.08.2022 within a time limit stipulated by this Court.
3.
The case of the petitioners is that, they retired from the respondent / Corporation under the voluntary retirement scheme on 25.05.2021 and 20.09.2020 respectively and terminal benefits were paid to them based on their last drawn wages. Subsequently, the respondent / Corporation entered into a settlement under Section 12(3) of the ID Act, which contains about terminal benefits with effect from 01.09.2019. Therefore, claiming difference in wages and terminal benefits along with interest, petitioners have sent their representation to the respondent / Corporation dated 20.06.2025 and the same is pending . 4.
Learned Counsel for the petitioner would submit that, though the petitioner in W.P.No.27943 of 2025 retired on 25.05.2021 and the petitioner in W.P.No.27945 of 2025 retired on 20.09.2020, as per Section 12(3) Settlement dated 24.08.2022, they are entitled to get difference in salary and terminal benefits. Hence seeking a mandamus to the respondent / Corporation, petitioners have come before this Court by way of present writ petitions.
5.
At this juncture, the learned Standing Counsel for the respondent / Corporation would fairly submit that the petitioners representation will be considered on merits and in accordance with law within a reasonable time. 6.
Heard the learned Counsel on either side and perused the materials available on record.
7.
In view of the submission of the learned Standing Counsel, without going into the merits of the matter, this Court deems it appropriate to direct the respondents to consider the petitioners representation dated 20.06.2025, and pass orders on it's own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.
In the result, both the Writ Petitions are disposed of with the above direction. No costs.
30.07.2025 veda Index:Yes/No Speaking order/Non-speaking order
C.KUMARAPPAN, J.
veda To 1.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Ramakrishna Road, Salem.
The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
W.P.Nos.27943 & 27945 of 2025 30.07.2025