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Madras High CourtWP/29545/2025allowed

V.Arumugam v. M/S Metropolitan Transport Corporation,

2025-08-11Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA and WMP NO. 33092 of 2025

1. V.Arumugam S/o Veerasamy Mudaliar, No 101, C11 Main Road Al Block, 3rd Street, Anna Nagar, Chennai 600 040 2.K. Jegadeesan, S/o Krishnappa Mudaliar, No 101, C11 Main Road Al Block, 3rd Street, Anna Nagar, Chennai 600 040

3. Muthiah S/o Ganapathi, No 13/29, First Cross Street, Kalaimagal Nagar, Poonamallee, Chennai 600 056 4.P. Venkateshwara Rao, S/o P. Vishweswara Rao, No 439, 9t Man Road Near Bangalore One Office, Kalyan Nagar, VTC, Bangalore North, Karnataka 560 043 5.M. Devarajan S/o V. Manavalan

No 101 C 11th Main Road, Al Block 3rd Street, First Floor, Anna Nagar, Chennai 600 040 6.N. Rajendran S/o S. Narayanasamy, No 9/2, 3rd Streeet, Bhavani Nagar, Ozhichalur, Chennai 600 074 7.E. Hariharan S/o K.P. Ekambaram, No 6 18th Cross Street, Lenin Nagar, Ambattur, Chennai 600 058 Petitioner(s) Vs

1. M/s Metropolitan Transport Corporation, Rep By Its Managing Director, No 1 Pallavan Salai, Chennai 600 002 Respondent(s) PRAYER Directing the respondent herein to settle 8 percent difference in Dearness Allowance to the petitioners 1 to 3 and 5 and 6 herein and to pay the difference in Medical Leave Salary to the petitioners 1 to 7 herein with 6 percent interest in view of G.O (Ms) No 220, Transport (C1) Department dated 06.08.1999 and in the light of the orders passed by this honble Court in W.P. (MD) No 14520 of 2020 dated 21.03.2023, W.P. no 29602, 29604, 29606 and 29609 of 2023 dated 12.10.2023, W.P. No 2891 of 2025 dated 10.02.2025 and W.P. no 2895 of 2025 dated 10.02.2025 and by considering the representation of the petitioners dated 03.07.2025, 03.07.2025, 05.07.2025, 02.07.2025, 11.07.2025, 11.07.2025 and

15.07.2025 respectively by the 1st, 2nd , 3rd, 4th, 5th, 6th and 7th petitioners herein and pass For Petitioner(s):

D.Soundar Raj G. Balu B. Shoban Babu For Respondent:

Mr.A.Vinoth Raj

ORDER

The Writ petition is filed for the below relief: "directing the respondent herein to settle 8% difference in Dearness Allowance to the petitioners 1 to 3 and 5 and 6 herein and to pay the difference in Medical Leave Salary to the petitioners 1 to 7 herein with 6% interest in view of G.O (Ms) No 220, Transport (C1) Department dated 06.08.1999 and in the light of the orders passed by this honble Court in W.P. (MD) No 14520 of 2020 dated 21.03.2023, W.P.Nos. 29602, 29604, 29606 and 29609 of 2023 dated 12.10.2023, W.P.No.2891 of 2025 dated 10.02.2025 and W.P.No.2895 of 2025 dated 10.02.2025 and by

considering the representation of the petitioners dated 03.07.2025, 03.07.2025, 05.07.2025, 02.07.2025, 11.07.2025, 11.07.2025 and 15.07.2025 respectively by the 1st, 2nd , 3rd, 4th, 5th, 6th and 7th petitioners herein".

2. The petitioners would submit that they had retired from the Respondent's Corporation as Superintendent on various dates in the year 2013 and 2018 respectively. The petitioners also submit that on the basis of the Government Order in G.O.(Ms) No.220, Transport (C1) Department dated 06.08.1999 which was issued thereafter, the medical leave which was credited as on 01.09.1998 was calculated on the basis of the basic pay received on 01.09.1998 and the salary received at the time of retirement. Since Dearness allowance had been wrongly calculated, the petitioners had received a lesser medical leave salary. Therefore, the petitioners are entitled to the difference in Medical leave salary.

3. The petitioners had approached the Respondent on 04.12.2024 calling upon him to settled the difference. However, the same was not done and the

representation seeking the amendment sent in the month of July 2025 had not yielded any result.

4. The learned Counsel brought to the attention of this Court, an earlier order of this Court in similar circumstances in W.P.No.2895 of 2025 in and by which order dated 10.02.2025, the learned Judge had disposed of the writ petition and had directed that the difference amount to be paid with interest at 6% per annum.

5. The learned Counsel for the Petitioner would further submit that the petitioners are also entitled to difference amount as per the similar order in W.P.No.2895 of 2025.

6. Considering the above submissions and perusing the orders passed in W.P.Nos.2176, 2891 and 2895 of 2025, the 1 st Respondent is directed to pay the 8% difference in Dearness allowance to the Petitioners 1 to 3 and 5 and 6 herein and to pay the difference in Medical leave salary to the petitioners 1 to 7 herein

with 6% interest within a period of three (3) weeks from the date of receipt of copy of this order and for compliance of the order on 01.09.2025.

7. Accordingly, the Writ Petition is allowed. Consequently connected miscellaneous petition is closed. No costs.

11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.M/s Metropolitan Transport Corporation, Rep By Its Managing Director, No 1 Pallavan Salai, Chennai 600 002

P.T.ASHA J.

shl and WMP No. 33092 of 11-08-2025