M.Janakiraman v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2025 Coram:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA -- M.Janakiraman .. 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 Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to pay the differential gratuity, commutation, leave encashment, DA arrears and pension arrear amount as per the 12(3) settlement along with interest at the rate of 18% within the stiuplated time as may be fixed by this Court. For petitioner : Mr.J.Pradeep For respondents: Mr.K.Raja, Standing Counsel for TNSTC (Salem) 1 / 4
ORDER
The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to pay the differential gratuity, commutation, leave encashment, DA arrears and pension arrear amount as per the 12(3) settlement along with interest at the rate of 18% within the stipulated time as may be fixed by this Court.
2. The petitioner is a retired Senior Checking Inspector of the Annai Sathya Transport Corporation, who retired on 31.05.2016. Though he was paid certain retirement benefits, they were disbursed belatedly and calculated under the pre-revised pay. The petitioner is entitled to the difference in gratuity, commutation pension arrears, and leave encashment as per the 12(3) settlement. Despite repeated representations, the respondents have failed to settle the dues. The inaction on the part of the respondents, is arbitrary and violative of Articles 14 and 16 of the Constitution and contrary to 12(3) settlement. The petitioner who is in financial distress, seeks a direction under Article 226 of the Constitution to the respondents to the respondents to disburse the said differential amounts.
3. Heard both sides and perused the materials available on record.
4. Considering the submissions made on either side and taking into 2 / 4
account the facts and circumstances of the case, the respondents are directed to pay the differential gratuity, commutation, leave encashment, DA arrears and pension arrears as per the 12(3) settlement, within a period of 12 weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
01.09.2025 cs 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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A.D.JAGADISH CHANDIRA, J cs 01.09.2025 4 / 4