Raman .N v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Raman ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of Salary from September 2019 to 30.06.2021 on the basis of 12(3) settlement, dated 24.08.2022 along with 6% interest.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondents to disburse the petitioner's difference amount of Salary from September 2019 to 30.06.2021 on the basis of 12(3) settlement, dated 24.08.2022 along with 6% interest.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as Driver in the respondent Corporation on 04.08.1998 and he was retired as Special Grade Driver on 30.06.2021.

4. Subsequently, settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon. 2/4

5. This stand of the petitioner cannot be disputed. I therefore direct the respondent corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months 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. The Writ Petition is disposed of. No costs. 18.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

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L.VICTORIA GOWRI, J.

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