C.Ashok Kumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.Ashok Kumar ....

Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137 Salamedu, Villupuram - 605602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632009.

....

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 disburse the differential sum of Gratuity and Leave Encashment benefits to the petitioner based on Dearness Allowance revision with effect from 01.07.2023 with interest at the rate of 8 % per annum from the said date of entitlement to till the date of actual disbursement.

For Petitioner : Mr.P.Manojkumar For Respondents : Mrs.S.Pavithra Standing Counsel 1/4

ORDER

This Writ Petition has been filed seeking a direction to the respondents to disburse the differential amount of Gratuity and Leave Encashment benefits to the petitioner, based on the revision of Dearness Allowance with effect from 01.07.2023 with interest at the rate of 8% per annum from the date of entitlement to till the date of actual disbursement.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner joined the services of the first respondent Corporation on 22.08.1992 and after being promoted to the post of Special Grade Driver, retired from service on 31.08.2023 on attaining the age of superannuation. While so, the dearness allowance payable to the transport employees was 42% of basic as on 01.04.2023. Subsequently, it was revised to 46% with effect from 01.07.2023. Since the petitioner retired from service on 31.08.2023, the benefit of the revised dearness allowance was not extended to him. Therefore, the petitioner submitted a representation seeking disbursal of the differential amount towards gratuity and leave encashment, together with interest.

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4. In view of the above, the respondents are directed to disburse the differential amount towards gratuity and leave encashment, together with interest at the rate of 6% per annum, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

12.11.2025 Index:Yes/No Speaking/Non speaking Lpp To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137 Salamedu, Villupuram - 605602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632009.

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G.K.ILANTHIRAIYAN, J.

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