Madras High CourtWP(MD)/9072/2025allowed

Ramanathan M v. The Additional Chief Secretary

2025-04-02Honourable Mr. Justice Battu Devanand7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Ramanathan ... Petitioner Vs.

1.The Additional Chief Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 09.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam - 612 001 3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi.

4.The Administrator, The Tamil Nadu Transport Coporation Employees Pension Fund Trust, 1/7

Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay difference amount in the benefits in respect of monthly pension along with arrears, commuted value of pension, gratuity, earned leave salary from the date of the petitioners retirement i.e., 31.10.2016 as per 13th wage settlement dated 04.01.2018 with interest at the rate of 6 percent per annum for the differential payment to be computed from the date of retirement till the date of actual payment by the respondents within a time to be fixed by this court. For Petitioner : Mr.SP.Vijaynivas For R1 : Mr.P.Subbaraj Special Government Pleader For R2 & R3 : Mr.K.Jegadeesh Balan Standing Counsel For R4 : Mr.S.C.Herold Singh

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents to pay difference amount in the benefits in respect of monthly pension along with arrears, commuted value of pension, gratuity, earned leave salary from the date of the petitioners retirement i.e., 31.10.2016 as per 13th 2/7

wage settlement dated 04.01.2018 with interest at the rate of 6% per annum for the differential payment to be computed from the date of retirement till the date of actual payment by the respondents within a time to be fixed by this court.

2. The petitioner was retired from service on 31.10.2016 as Special Grade Conductor. Subsequent to the petitioner's retirement, settlement was entered between the union and the management on 04.01.2018. However, it was made applicable with effect from 01.09.2019. Therefore, the petitioner is entitled to the said benefit under the settlement, dated 04.01.2018, but the terminal benefits was settled without reference to the terms of the settlement. Requesting the respondents to extend the said benefit, the petitioner submitted a representation on 12.12.2024. Aggrieved by the inaction of the respondents in considering the representation to settle the benefits as per the settlement dated 04.01.2018, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the first respondent, learned Standing Counsel for the respondents 2 and 3 and the learned counsel for the fourth respondent. 3/7

4. On perusal of the facts and circumstances of the case, in our considered view, the issue involved in the writ petition is no longer res-integra.

5. The issue involved in the present writ petition has been dealt with by this Court in W.P(MD)No.8910 of 2024 etc., batch. The relevant portion of the said order is extracted herein under:

"8. Once a particular decision for revising the wages is taken and evolved into an agreement between the parties including the State, as such granting the benefits retrospectively, then at the time of implementing the same, it cannot make any partial denial by passing orders to restrict the benefits. A Government letter cannot over rule the extant rules, when the rules say that the employees are entitled to the benefits immediately after retirement. Hence, without any doubt and in view of the settled legal position, the employees who worked in the Transport Corporation and have retired between 01.09.2019 and 31.07.2022 are entitled to receive the revised monetary benefits from the date on which the revised monetary benefits were agreed under the 14th wage revision settlement.

9. As the pension has also been revised under the terms of the 14th wage revision settlement and Rule 15 of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules, the last drawn basic salary shall be the salary to be taken for calculating pensions. As the last drawn salary has been revised in terms of the 14th wage revision settlement, the impugned letter cannot restrict the benefits. The respondents are directed to revise the monetary benefits and the difference in the revised pension which is payable from the date on which the revised monetary benefits were given to the working employees under the 14th wage revision settlement."

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6. As the facts are not disputed by the respondents, this Court by following the above order stated supra is inclined to allow the writ petition. Accordingly, the writ petition is allowed with the following direction: The respondents are directed to pay the difference amounts of the benefits for which the petitioner is legally entitled to as per the 14th wage revision settlement, dated 04.01.2018 with 6% interest per annum to be computed from the date of petitioner's retirement i.e.,31.10.2016 till the date of actual payment within a period of 6 weeks from the date of receipt of a copy of this order.

There shall be no order as to costs.

02.04.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 5/7

To:

1.The Additional Chief Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 09.

4.The Administrator, The Tamil Nadu Transport Coporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.

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BATTU DEVANAND , J.

CM 02.04.2025 7/7