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Madras High CourtWP/50598/2025disposed of with direction

R.Balachandran v. The General Manager

2026-01-07Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI

1. R.Balachandran S/o.R.M.Ramasamy, No. H10,Amutham Colony, South Boag Road, Thiyagaraja Nagar, Chennai -600 017.

2. S.Thirusangu, S/o.R.Solai, No. 32, Mailam Road, Pathirapuliyur PO, Tindivanam Taluk, Vllupuram District -604 304.

..Petitioner(s) Vs The General Manager Tamil Nadu State Transport Corporation(Villupuram) Ltd, No. 3/137,Salamedu, Villupuram -605 403.

..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay difference in Gratuity and Leave Salary based on increased D.A. as per G.O(Ms) 142 dated 17.05.2023 with 10% interest to the Petitioners.

For Petitioner(s):

S.T.Varadarajalu For Respondent(s):

Ms.S.Pavithra Standing Counsel

ORDER

This writ petition has been filed seeking a direction to the respondent to pay the difference in gratuity and leave salary, based on the enhanced Dearness Allowance, as per G.O(Ms) 142 dated 17.05.2023, together with interest at the rate of 10% interest per annum to the Petitioners. 2.The case of the petitioners is that the petitioners joined the service of the respondent Corporation as Conductors on various dates and have rendered nearly 27-33 years of continuous service. At the time of their retirement, they were holding the posts of Checking Inspector and Special Grade Conductor. They attained superannuation on 31.01.2023 and 28.02.2023 respectively. At the time of retirement, their salary was calculated based on the basic salary and Dearness Allowance at the rate of 38%.

Subsequently, the Dearness Allowance was enhanced to 42% with effect from 01.01.2023, as per G.O (Ms) 142 dated 17.05.2023. However, the respondent management disbursed gratuity and leave salary based only on the existing Dearness Allowance of 38%. The petitioners are entitled to receive the difference in gratuity and leave salary calculated on the enhanced Dearness Allowance of 42%. Accordingly, They submitted representations on 11.12.2024 and 18.06.

differential amount. However, till date, the respondent has neither replied to the representations nor settled the difference in gratuity and leave Salary. 3.The learned counsel for the petitioners would submit that it would suffice, if a direction is issued to the respondent to consider the petitioners' representations within a reasonable time.

4.The learned Standing Counsel appearing for the respondent would submit that they will consider the petitioner's representations and pass appropriate orders within a reasonable time to be fixed by this Court. 5.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the petitioners' representation dated 11.12.2024 and 18.06.2025 on merits and in accordance with law and pass appropriate orders, within a period of eight (8) weeks from the date of receipt of a copy of this order,

6.With the above directions, this writ petition is disposed of. No costs. 07-01-2026 Index: Yes/No (2/2) Speaking/Non-speaking order uma To The General Manager Tamil Nadu State Transport Corporation(Villupuram) Ltd, No. 3/137,Salamedu, Villupuram -605 403.

M.DHANDAPANI, J.

uma (2/2) 07-01-2026