D Pichaimoorthy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 32153 of 2025 D.Pichaimoorthy

...Petitioner

Vs.

1.The Managing Director Tamilnadu State Transport Corporation Villupuram Ltd, 3/137 Salamedu, Villupuram 605 602.

2.The General Manager Tamilnadu State Transport Corporation Villupuram Ltd, Vellore Region, Rangapuram Vellore 632 009.

...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents to disburse the petitioner's differential sum of gratuity and leave encashment benefits based on dearness allowance revision with effect from 01.04.2023 with interest at the rate of 8 percentage per annum from the said date of entitlement to till the date of actual disbursement within a time limit.

For Petitioner :

Mr. J.Lakshminarayanan For Respondents :

Mrs. S.Pavithra Standing Counsel.

O R D E R

The Writ Petition is filed for the following relief: "directing the respondents to disburse the petitioner's differential sum of gratuity and leave encashment benefits based on dearness allowance revision with effect from 01.04.2023 with interest at the 2/6

rate of 8 percentage per annum from the said date of entitlement to till the date of actual disbursement within a time limit".

2. The petitioner was working as a Special Grade Conductor in the Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region and retired from service on 30.04.2023. The petitioner submits that dearness allowance was granted at 38% of basic pay as on 01.07.2022. However, with effect from 01.04.2023 it was revised to 42% of basic pay. The petitioner would submit that his retirement benefits were disbursed with dearness allowance at the rate of 38% of his basic pay. Therefore, the petitioner submitted a detailed representation dated 19.05.2025 requesting the respondents to disburse the differential payment with interest at 8 % for the belated payment.

3. Heard the learned counsels on the either side and perused the records.

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4. Considering the fact that the petitioner's dearness allowance was paid only at the rate of 38% of the basic pay and the representation sent by the petitioner in this regard has not been considered till date, the respondents are directed to consider the representation of the petitioner based on the eligibility, within a period of 1 month from the date of receipt of a copy of this order.

5. The Writ Petition is allowed with the above lines. No costs. 28.08.2025 Index : Yes/No Internet : Yes/No kan 4/6

To

1. The Managing Director Tamilnadu State Transport Corporation Villupuram Ltd, 3/137 Salamedu, Villupuram 605 602.

2. The General Manager Tamilnadu State Transport Corporation Villupuram Ltd, Vellore Region, Rangapuram Vellore 632 009.

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P.T. ASHA, J kan W.P.No. 32153 of 2025 28.08.2025 6/6