R.Pachamuthu v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Pachamuthy ... 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 - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay the 1/6
differential gratuity, pension, commutation and leave surrender and pension arrear amount by taking note of the 13th wage settlement along with interest at the rate of 6% within the stipulate time as may be fixed by this Court. For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja Standing Counsel for R1
ORDER
The above writ petition is filed seeking a mandamus to the respondents to pay the differential gratuity amount, pension commutation, leave surrender and pension arrear amount by taking note of the 13th wage settlement, along with interest at the rate of 6% within the stipulate time fixed by this Court.
2. The petitioner had served in the Tamil Nadu State Transport Corporation as Driver and had retired on 30.09.2016. Though the 13th Pay Revision came into effect from 01.09.2016, the petitioner had received his terminal benefits under the pre-revised pay, and that too belatedly. The petitioner now claims that he is entitled to receive the difference of gratuity amount, pension commutation, pension arrears and leave surrender as per 13th Wage Revision and in this regard, he had submitted several representation to 2/6
the petitioner, but the respondents have not chosen to take action on his representations. Hence, the petitioner is before this Court.
3. Heard the learned counsel appearing for the petitioner and the learned counsel who takes notice for the first respondent.
4. In the typed set of papers filed, the petitioner has provided the calculation details of the differential amounts which he is entitled to under the heads of Gratuity, Earned Leave and salary etc., as per the 13th Wage Revision i.e., w.e.f. 01.09.2016. The details are as below : Sl.No.
Heads Differential Amount (Rs.) 1.
Gratuity 70,997.00 2.
Salary for 6 days (24.06.2016 to 30.09.2026) 8,561.00 3.
Earned Leave for 116 days 18,641.00
5. Considering the case of the petitioner that he had retired on 30.09.2016, and the respondents have not disbursed the differential amounts even after a lapse of 9 years, a mandamus is issued to the respondents to consider the representation of the petitioner dated 18.06.2025 and to pay the differential amount of gratuity, leave surrender, salary due and other terminal 3/6
benefits which he is entitled to per 13th wage revision along with interest at 6% per annum, within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, the writ petition is allowed. Consequently connected miscellaneous petition is closed. No costs. 29.08.2025 Index : Yes / No ds 4/6
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 - 600 002.
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P.T. ASHA, J, ds 29.08.2025 6/6