S.Sivagananam Staff No. 40953, No 2/361a, v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Sivagananam ... Petitioner Vs.

1. The Managing Director, Tamilnadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, No.3/137, Salamedu, Vazhudhureddy Post.

Villupuram - 605 602.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust, Thiruvalluvar House, Pallavan Salai.

Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay the difference in PF arrears, the difference in gratuity, the difference in commutation, the difference in leave salary, last month's 11 days salary and pension arrears with interest at the rate of 8% per annum as per 14th wage settlement dated 24.08.2022.

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For Petitioner : Ms.R.Yash Rathi For Respondents : Mr.R.Venkatesa Perumal Standing Counsel [R1] Mr.C.S.K.Sathish Standing Counsel [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the difference in PF arrears, the difference in gratuity, the difference in commutation, the difference in leave salary, last month's 11 days salary and pension arrears with interest at the rate of 8% per annum as per 14th wage settlement dated 24.08.2022.

2. Heard Ms.R.Yash Rathi, learned counsel appearing for petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for first respondent and Mr.C.S.K.Sathish, learned counsel appearing for second respondent.

3. The case of the petitioner is that he joined as a driver in the first respondent transport corporation on 15.07.1985 and he had rendered service for 37 years. The petitioner retired from service as a Special Grade Driver on 31.05.2022 on attaining the age of superannuation. 2/4

4. The grievance of the petitioner is that 14th wage settlement was reached belatedly and it was also extended to retired employees. However, the terminal benefits of the petitioner was not settled as per 14th wage settlement. According to the petitioner, he is entitled to get arrears of pension as per 14th wage settlement. However, this was not settled in spite of representation made by the petitioner. It is under these circumstances, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case and the earlier orders passed by this Court, there shall be a direction to respondents to settle the difference in terminal benefits as per 14th wage settlement within a period of eight (8) weeks from the date of receipt of a copy of this order with 6% interest from the date on which the amount became due and payable till the date of actual payment.

6. The petitioner is directed to submit a fresh representation to respondents along with a copy of this order.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

22.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Managing Director Tamilnadu State Transport Corporation (VPM) Ltd., Kancheepuram Region No.3/137, Salamedu, Vazhudhureddy Post Villupuram - 605 602.

2. The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Trust Thiruvalluvar House, Pallavan Salai Chennai - 600 002.

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