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Madras High CourtWP(MD)/994/2018allowed

R.Chinnadurai, S/O. Rethinam, v. Tamil Nadu State Transport

2018-02-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.994 of 2018 R.Chinnadurai

...Petitioner

Vs.

1. Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

...Respondents

PRAYER : Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.09.2013 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.10.2013 to till date together with interest at the rate of 18% per annum based on the said settlement under Section 12(3) of the ID Act dated 13.04.2015.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman Standing Counsel ***

ORDER

Mr.D.Sivaraman, learned Standing counsel, takes notice on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 2.By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3.Heard Mr.A.Rahul, the learned counsel, appearing for the petitioner and Mr.D.Sivaraman, learned Standing counsel, takes notice on behalf of the respondents.

4.The petitioner retired as Special Grade Conductor from the Office of the respondents/Corporation on 30.09.2013. But, subsequent to the said retirement, there was a wage settlement entered into between the management and the employees. The wage revision was also retrospectively applied. Therefore, the petitioner will be entitled to differential amount. 4.The respondents/management is directed to disburse the said differential amount with interest at the rate of 6% per annum. Such disbursement shall be made within a period of twelve weeks from the date of receipt of a copy of this order. 5.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

+1cc to Mr.A.Rahul, Advocate Sr.No.47928 +1cc to Mr.D.Sivaraman, Advocate Sr.No.48042 TSG VB/RSK/SAR1/02/05/2018/2P/6C ORDER MADE IN W.P.(MD).No.994 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/