P. Alexander v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025
CORAM:
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR P.Alexander ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.
3. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to revise petitioner's scale of pays w.e.f. 01.09.2016 based on the new wage settlement dated 04.01.2018 and consequently to pay the petitioner 1/5
difference/arrears of wages for the period from 01.09.2016 to 31.05.2017 and also the difference in petitioner's terminal benefits namely Gratuity, Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to me on the month of the petitioner's retirement, together with 18% interest per annum and further directing the respondents to revise the petitioner's pension with effect from September, 2016 and pension commutation, based on such refixed scale of pay payable to the petitioner on the month of the petitioner's retirement and to pay the petitioner arrears of pension for the period from September, 2016 and pension commutation, together with 18% interest per annum.
For Petitioner : Mr.S.Vashik Ali For R1 and R2 : Mr.K.Ramaiah Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel.
ORDER
Mr.K.Ramaiah, learned Standing Counsel takes notice on behalf of R1 and R2. Mr.S.C.Herold Singh, learned Standing Counsel takes notice on behalf of R3.
2. According to the learned Counsel appearing for the writ petitioner, the petitioner was working in the respondent Transport Corporation and he had attained superannuation on 31.05.2017. He further 2/5
contended that the 12(3) Wage Settlement was arrived on 04.01.2018 and the pay of all Transport Corporation employees were revised retrospectively from 01.09.2016. The petitioner is eligible to receive benefits under the 12(3) wage settlement dated 04.01.2018 and he is eligible to receive the said benefits and for revision of his pensionary benefits.
3.The petitioner has sent a representation to the said effect on 18.01.2025. Since, there is no response from the respondents, the present writ petition has been filed.
4. Considering the above said facts, the respondent Transport Corporation is directed to disburse the eligible terminal benefits arising out of 12(3) wage settlement dated 04.01.2018 to the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve (12) weeks from the date of receipt of a receipt of a copy of this order.
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5.With the above said observations, this writ petition stands disposed of. No costs.
28.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To
1. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.
3. The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
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R.VIJAYAKUMAR , J.
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