S. Subbiah v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2134 of 2025 S.Subbiah ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd, Tirunelveli Region, Tirunelveli District - 627 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the petitioners difference amount of Gratuity, Surrender Leave, Pensions Arrears and to revise Pensions on the basis of 12 (3) Settlement dated 04.01.2018. 1/4
For Petitioner : Mr.K.Gokul For Respondent Nos.1 & 2 : Mr.K.Ramaiah Standing Counsel For Respondent No.3 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The instant writ petition has been filed by a retired employee of the respondent transport corporation, seeking a mandamus to pay the difference amount of his retirement benefits, based upon the 13th wage settlement on 04.01.2018, and to pay arrears of Wages, Pension arrears, Gratuity and leave salary, Commuted Value of pension and the monthly pension along with dearness allowances along with interest.
2. According to the learned Counsel appearing for the writ petitioner, the petitioner was joined in the respondent Transport Corporation on 27.03.1989 and he had attained superannuation on 31.01.2017. He further contended that the 13th wage settlement was arrived on 04.01.2018 and came into effect from 01.09.2016. According to the petitioner, he is eligible to receive the said benefits under 13th wage settlement and for revision of his pensionary benefits. 2/4
3. The petitioner has sent representation to the said effect on 18.12.2024. Since, there is no response from the respondents, the present writ petition has been filed.
4. Considering the above said facts, the respondents Transport Corporation are directed to settle the eligible terminal benefits to the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve weeks from the date of receipt of a receipt of a copy of this order.
5. With the above said observations, this writ petition stands disposed of. No costs.
27.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 3/4
R.VIJAYAKUMAR , J.
gvn To
1. The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd, Tirunelveli Region, Tirunelveli District - 627 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.
W.P.(MD)No.2134 of 2025 27.01.2025 4/4