M.K.Ramalingam v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.4181 of 2025 M.K.Ramalingam ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Rep. by its Managing Director, Karur.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to revise / re-fix the scale of pay of the petitioner w.e.f 01.09.2019 to till his retirement, based on the wage settlement dated 24.08.2022 and consequently to pay him difference of terminal benefits, namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to

him on the month of his retirement, together with 18% interest per annum, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah Standing Counsel

O R D E R

Heard the learned Counsel on either side and perused the materials available on record.

2. The Writ Petitioner retired as Special Grade Conductor Level-5 in the respondent Corporation on 31.12.2019. He has been denied the benefit of wage settlement for the period from 01.09.2019 till his retirement. Claiming disbursement of the said benefits, the present Writ Petition has been filed.

3. Subsequent to the petitioner's retirement, a settlement was entered between the Union and the Management on 24.08.2022. However, it was made applicable with effect from 01.09.2019. Therefore, the petitioner is also entitled to the said benefit under the said settlement dated 24.08.2022. But the petitioner's 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.

4. The stand of the petitioner cannot be disputed. I therefore, direct the respondent Corporation to pay the differential benefits in respect of gratuity, provident fund and leave salary. This amount shall be paid by the respondent within a period of six [6] months from the date of receipt of a copy of this order. The respondent Corporation 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.

5. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. 17.02.2025 NCC : Yes/No Index: Yes/No Internet : Yes MR

To The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Karur.

BATTU DEVANAND, J.

MR W.P.(MD)No.4181 of 2025 Dated : 17.02.2025