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Madras High CourtWP/28788/2024disposed of

K.Jeevanandam v. The Managing Director

2024-10-01Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Jeevanandam ... Petitioner Vs.

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region Rangapuram, Vellore - 632 009

3. The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai - 600 002 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to revise the petitioner's wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 30.11.2019, difference in Leave Salary, Gratuity and Arrears of pension from 01.12.2019 to 28.02.2023 along 1/4

with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Mohanraj For Respondents : Mr.R.Venkatesa Perumal Standing Counsel [R1 and R2] Mr.C.S.K.Sathish Standing Counsel [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to revise the petitioner's wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 30.11.2019, difference in Leave Salary, Gratuity and Arrears of pension from 01.12.2019 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

2. Heard Mr.P.Mohanraj, learned counsel for petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for respondents 1 and 2 and Mr.C.S.K.Sathish, learned Standing Counsel appearing for third respondent.

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3. The case of the petitioner is that the petitioner was working as Selection Grade Driver in the respondent corporation and retired from service on 31.11.2019.

4. The grievance of the petitioner is that the 14th wage settlement was reached belatedly and it was also extended to retired employees. However, the terminal benefits of the petitioner was not settled as per 14th wage settlement. Hence, the petitioner submitted a detailed representation dated 09.08.2024 to the respondents in this regard. Since the same did not evoke any response, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case and the earlier orders passed by this Court, there shall be a direction to respondents to settle the difference in the terminal benefits as per 14th wage settlement within a period of eight (8) weeks from the date of receipt of a copy of this order with 6% interest from the date on which the amount became due and payable till the date of actual payment. 3/4

N.ANAND VENKATESH, J gm

6. The petitioner is directed to submit a fresh representation to respondents along with a copy of this order.

This writ petition is disposed of with the above direction. No costs.

01.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram - 605 602

2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region Rangapuram, Vellore - 632 009

3. The Administrator Tamil Nadu State Transport Corporation Employees' Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai - 600 002.

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