A.Dharmalingam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.Dharmalingam ... Petitioner Vs.

The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem 636 007.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the Respondents to pay the payments relating to Difference of Earned Leave Salary Rs.45,828/ - and DA Arrears of 16,450 / as per 14th wage settlement and considering the petitioner representation dated 12/06/2025 within the stipulated time as may be fixed by this Honorable Court.

For Petitioner : M/s.N.Desinghu For Respondents : M/s.K.Raja, Standing Counsel for the sole respondent.

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O R D E R

The writ petition has been filed for the following reliefs:- "Directing the Respondents to pay the payments relating to Difference of Earned Leave Salary Rs.45,828/ - and DA Arrears of 16,450 / as per 14th wage settlement and considering the petitioner representation dated 12/06/2025 within the stipulated time as may be fixed by this Honorable Court."

2. The petitioner would submit that he had joined the services of the respondent corporation on 27.05.1986 and retired from service under the VRS Scheme on 13.03.2022. He would submit that since his terminal benefits have been belatedly paid, he had filed WP.No.21264/2023 seeking interest for the belated payment of the terminal benefits. The said Writ Petition was allowed on 19.07.2023, directing the respondents to pay the interest at 4% per annum on the belated payment.

3. The petitioner would further submit that since the order of this Court dated 19.07.2023 has not been complied with, he had filed a Contempt Petition, pursuant to which the respondents had paid the interest 2/5

amount for the belated payment of the terminal benefits. However, the respondents did not pay the difference amounts of Earned Leave salary of Rs.45,828/- and DA arrears of Rs.16,450/-. The said amounts were not paid by the respondents as they had calculated the terminal benefits of the petitioner based on his old basic pay without taking into consideration the 14th wage settlement arrived on 24.08.2022, which came into effect from 01.09.2019. As the petitioner had retired on 13.03.2022 and the 14th wage settlement came into effect from 01.09.2019, he is entitled to the benefits of the said settlement. Therefore, the petitioner had made a representation dated 12.06.2025 to the respondents to pay the payments relating to the difference of Earned Leave Salary of Rs.45,828/- and DA Arrears of 16,450/- as per the 14th wage settlement. However, the said representation has not been considered to date. Hence, the Writ Petition.

4. Heard the learned counsel on either side.

5. Considering the facts and circumstances of the case and also taking note that the respondents are duty bound to consider the statutory representation, the Writ Petition is allowed. A direction is issued to the respondents to consider the representation of the petitioner dated 3/5

12.06.2025 and pass orders in accordance with law within a period of 3 months from the date of receipt of a copy of this order. No costs. 25.08.2025 (shr) Index : Yes/No Speaking Order: Yes/No To The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem 636 007.

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P.T. ASHA . J., (shr) 25.08.2025 5/5