R.K.Subramanian (Rtd Staff No.Tr1462) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-09-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA R.K.Subramanian (Rtd Staff No.TR1462) S/o. Kaliannan, No.1/12.2a, Back Side Of Fire Station, Periyappati Road, Namakkal District.
Petitioner(s) Vs The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem- 636 007.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the respondents to pay the payments relating to Difference of Earned Leave salary Rs.35,205/- and DA Arrears Rs.16,300/- as per 14 th wage Settlement and considering the petitioner representation dated 12.06.2025 within the stipulated time as may be fixed by this Hon'ble Court.
For Petitioner(s):
Mr.N.Desinghu For Respondent:
Mr.K.Raja Standing Counsel (TNSTC)
ORDER
The Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondent to pay the payments relating to Difference of Earned Leave salary of Rs.35,205/- and DA Arrears of Rs.16,300/- as per the 14 th wage Settlement and to consider the petitioner's representation dated 12.06.2025 within a stipulated time as may be fixed by this Hon'ble Court.
2. Heard Mr.N.Desinghu, learned counsel for the petitioner and Mr.K.Raja, learned Standing Counsel (TNSTC) for the respondent.
3. The petitioner states that he joined as a 'Technical Assistant' in the erstwhile Anna Transport Corporation (now Tamil Nadu State Transport Corporation, Salem Ltd) on 08.10.1987 and retired as Senior Tradesman on 20.09.2020. At the time of retirement, his basic pay was Rs.46,800/- plus
allowances, totaling Rs.59,414/-. The petitioner's terminal benefits, including Provident Fund, Gratuity, Earned Leave Salary, Commutation, VRS Compensation, 12(3) Wage Settlement Arrears, 7 days salary, ERBS Pension, IRT Share, were paid belatedly between the years 2018 and 2021.
4. While certain arrears and interest for delayed payments were settled, following the orders passed by this Court made in W.P.No.21278 of 2023 dated 19.07.2023, the petitioner claims that the difference in Earned Leave Salary (Rs.35,205/-) and DA Arrears (Rs.16,300/-) as per the 14 th Wage Settlement have not been paid.
5. In this regard, the petitioner made repeated representations to the respondents, including on 12.06.2025, but the respondents have not acted upon them. The petitioner contends that the delay has caused financial hardship and that he is entitled to interest on the belated amounts. Hence, the petitioner is constrained to file the present writ petition.
6. Considering the facts and circumstances of the case and in view of the limited prayer sought for in this writ petition, this Court, without going into the
merits of the matter, directs the 1 st respondent to consider the case of the petitioner and pass orders on the representation submitted by the petitioner dated 12.06.2025 on its own merits and in accordance with law, within a period of twelve (12) weeks from today.
7. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.
02-09-2025 (5/5) kak Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem- 636 007.
A.D.JAGADISH CHANDIRA, J.
kak (5/5) 02-09-2025