V.Shanmugam, S/O.Velusamy v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 747 of 2018 V.Shanmugam .. Petitioner Vs.

1.The Management of Tamil Nadu State Transportation Corporation (Kumbakonam) Limited, Represented by its General Manager, Karaikudi Region, Karaikudi.

2.The Administrator, Tamil Nadu State Transportation Corporation Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to pay the petitioner difference / arrears of wages for the period from 01.09.2010 to 31.05.2012 based on the scales of pay as re-fixed and as mentioned in his service register and also to pay him arrears / balance of terminal benefits including gratuity and leave salary based on such re-fixed wages payable to him on the month of his retirement together with 18% interest per annum and further directing the respondents to revise his pension from 01.06.2012 based on such re-fixed wages payable to him on the month of his retirement and also to pay him arrears of the same for the period from 01.06.2012, together with 18% interest per annum, within a time frame as may be fixed by this Court.

For petitioner : Mr. S.Arunachalam For respondents : Mr. D.Sivaraman Standing Counsel

O R D E R

Heard the learned counsel on either side.

2. The petitioner is a retired employee of the first respondent/Transport Corporation. He retired from service on 31.05.2012. Subsequent to his retirement, a settlement was entered https://hcservices.ecourts.gov.in/hcservices/

into between the Management and employee on retrospective basis. It is not in dispute that the petitioner is entitled to the benefits of the wage settlement. Therefore, he must be paid the difference amount. Since it was not paid, the present writ petition came to be filed.

3. Today, when the matter was taken up for disposal, the learned Standing Counsel appearing for the respondents submitted that the difference amount payable to the petitioner in terms of arrears of pension, commutation, gratuity, leave salary and arrears of wages has to be settled. The Management shall settle the same within a period of twelve weeks from today.

4. This Writ petition is allowed as indicated above. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To +1cc to M/S.D.Sivaraman, Advocate SR.No. 49581 +1cc to M/S.S.Arunachalam, Advocate SR.No. 49832 ORDER MADE IN W.P.(MD).No.747 of 2018 19.02.2018 KMI JM/SV MMS/SAR 3/20.02.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/