Madras High CourtWP(MD)/7926/2023allowed

Karthikeyan. B v. The Managing Director

2023-04-27Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.7926 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7926 of 2023 B.Karthikeyan ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Nagapattinam.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of Gratuity, Surrender Leave Pensions Arrears and to revise pensions on the basis of 12(3) settlement dated 24.08.2022 along with 6% interest.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadeesbalan, Standing counsel.

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2 W.P.(MD)NO.7926 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner joined as Tradesman in the respondent Corporation. He reached the age of superannuation and retired on 30.09.2020. Subsequently, settlement was entered into between the Union and the Management on 01.09.2019. But it was made applicable with effect from 24.08.2022. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 24.08.2022. But his 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.

3. This stand of the petitioner cannot be disputed. I therefore direct the respondent corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. If the amount is paid within six 2/4

3 W.P.(MD)NO.7926 OF 2023 months, it will not carry interest. If it is not so paid, it will carry interest @ 6% per annum from the date of the petitioner's retirement.

4. The writ petition is allowed accordingly. No costs. 27.04.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Nagapattinam Region, Nagapattinam.

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4 W.P.(MD)NO.7926 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.7926 of 2023 27.04.2023 4/4