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Madras High CourtWP/41783/2025disposed of

S.Shanmugam v. The Managing Director

2025-11-06Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN S.Shanmugam .....

Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2 Pallavan Salai, Chennai - 600002.

.....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay difference in leave salary, difference in gratuity and pension arrears with 10 % interest as per 15th wage settlement dated 29.05.2025 to the petitioner. For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mrs.S.Pavithra Standing Counsel 1/4

ORDER

This Writ Petition has been filed seeking a direction to the respondents to pay difference in leave salary, difference in gratuity and pension arrears as per 15th wage settlement dated 29.05.2025 with 10% interest to the petitioners.

2. Heard the learned counsel appearing on both sides and perused the materials available on record.

3. The petitioner was working as Special Grade Sanitary Worker in the first respondent Corporation and he retired from service on 29.02.2024 on attaining the age of superannuation.

4. A settlement was entered into between the Union and the Management on 29.05.2025. But it was made applicable with effect from 01.09.2023. Therefore, the petitioner is also entitled to the benefit under the said settlement, dated 29.05.2025. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled not only to the difference in benefits, but also interest thereon.

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5. This stand of the petitioner cannot be disputed. Therefore, the respondents are directed to pay difference in leave salary, difference in gratuity and pension arrears as per the wage settlement dated 29.05.2025. Those amounts shall be paid within period of six weeks from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

06.11.2025 Index:Yes/No Speaking/Non speaking Lpp 3/4

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2 Pallavan Salai, Chennai - 600002.

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