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Madras High CourtWP/37191/2025disposed of

K.Kumaravadivel Staff No.J09439 v. The Managing Director

2025-10-07Honourable Mr Justice A.D.Jagadish Chandira10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA K. Kumaravadivel ... Petitioner Vs.

1.

The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2.

The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3.

The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai,Chennai - 2.

... Respondents For Petitioner :

Mr.N.Senthilkumar For Respondents :

M.Murali Vinoth, Standing Counsel

O R D E R

This matter has been listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner. 2.

This Court, vide order dated 07.10.2025, had disposed of the present Writ Petition. However, in the order copy, an inadvertent error had crept in while mentioning the names of the counsels who appeared on behalf of the petitioner as well as the respondents.

3.

Therefore, the Registry is directed to rectify the same by substituting the name of the learned counsel for the petitioner as Mr.N.Senthil Kumar and the learned Standing Counsel for the respondents as Mr.M.Murali Vinoth, in the cause title and also in the first paragraph of the order and issue a fresh copy of the corrected order.

29.10.2025 ham

To 1.

The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2.

The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3.

The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai,Chennai - 2.

A.D.JAGADISH CHANDIRA , J.

ham 29.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA K. Kumaravadivel ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to pay the difference / arrears of wages for the period from 01.09.2019 i.e. from date of the effect of the settlement dated 24.08.2022 and also to pay terminal benefits namely Gratuity, Encashment of Leave, Provident Fund, Pension Arrears and to

revise pension on the basis of 12(3) settlement dated 24.08.2022 along with 12% interest p.a., within a time frame.

For petitioner : Mr.S.T. Varadarajalu For respondents : Ms.S. Pavithra Standing Counsel - - - - - -

ORDER

By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. Ms. S. Pavithra, learned Standing counsel takes notice on behalf of the respondents.

2. The relief sought for in this writ petition is a direction to the respondents to pay the difference / arrears of wages for the period from 01.09.2019 i.e. from date of the effect of the settlement dated 24.08.2022 and also to pay terminal benefits viz., Gratuity, Encashment of Leave, Provident Fund, Pension Arrears and to revise pension on the basis of 12(3) settlement dated 24.08.2022 along with 12% interest p.a., within a time frame.

3. The petitioner joined the service of the respondent Corporation and retired from service on attaining the age of superannuation on 31.10.2019. It is the contention of the petitioner that he is entitled to claim difference / arrears of wages as per 12(3) settlement dated 24.08.2022 as well as payment of his

terminal benefits. Therefore, he submitted a representation to the respondents on 19.07.2025, which evoked no response. Hence, this writ petition has been filed with the aforesaid prayer.

4. Learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the petitioner's representation dated 19.07.2025, within a time frame to be fixed by this Court.

5. Learned Standing Counsel appearing for the respondents would fairly submit that in the light of the directions issued by this Court in W.P. No.40031 of 2024, vide order dated 06.01.2025, the respondents will pay the eligible and admissible amount along with interest at the rate of 6% per annum for the belated payment to the petitioner and therefore, this Court may issue appropriate directions in the above regard.

6. In view of the aforesaid submission made by the learned Standing Counsel for the respondents, without going into the merits of the case, this

Court directs the respondents to consider the petitioner's representation dated 19.07.2025 and pay the eligible and admissible amount with interest at the rate of 6% per annum for the belated payment of terminal benefits, from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs.

07.10.2025 Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode - 638 001.

3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

A.D. JAGADISH CHANDIRA, J.

vsi2 07.10.2025