R.Kalyanasundaram, Cr 3313 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Kalyanasundaram ... Petitioner Vs.

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

2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, 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 pay the difference in Provident Fund arrears, the difference in leave salary, the difference in Gratuity, the difference in commutation arrears, EL surrender, last month's 10 days salary and pension arrears with interest at the rate of 8% p.a. as per 14th wage settlement dated 24.08.2022 to the petitioner within a specified time. 1/4

For Petitioner : Ms.R.Yash Rathi For Respondents : Mr.R.Venkatesaperumal Standing Counsel [R1] Mr.C.S.K.Sathish [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the difference in Provident Fund arrears, the difference in leave salary, the difference in Gratuity, the difference in commutation arrears, EL surrender, last month's 10 days salary and pension arrears with interest at the rate of 8% p.a. as per 14th wage settlement dated 24.08.2022 to the petitioner within a specified time.

2. Heard Ms.R.Yash Rathi, learned counsel appearing for petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for first respondent and Mr.C.S.K.Sathish, learned counsel appearing for second respondent.

3. The case of the petitioner is that he was working in the transport corporation as a conductor and he had rendered service for 23 2/4

years. The petitioner retired from service as Special Grade Conductor on 30.06.2022.

4. The grievance of the petitioner is that 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. According to the petitioner, he is entitled to get arrears of pension as per 14th wage settlement. However, this was not settled in spite of representation made by the petitioner. It is under these circumstances, 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 Provident Fund arrears, leave salary, Gratuity, commutation arrears, EL surrender, last month's 10 days salary and pension arrears 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.

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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.

25.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram Region, 3/137, Salamedu, Vazhudhureddy Post, Villupuram - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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