H.Saraswathy v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA H.Saraswathy ... Petitioner vs.
The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai 625 016.
... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle the terminal benefits payable to the petitioner, such as difference in leave salary amount of Rs.1,20,057/- in terms of G.O.(Ms).No.134, Transport (D) Department, dated 09.04.2018 and G.O.(Ms).No.142, Transport (E) Department, dated 26.08.2019 along with the Government clarification letter No.file:1706-C1.2023-1, dated 25.05.2023 and all other attendant benefits to him with interest at the rate of 6% per annum from 01.10.2017 to till the date of payment.
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For Petitioner : Mr.A.K.Thangavelu For Respondent : Mr.K.Ramiah
O R D E R
The present writ petition has been filed by the Deputy Manager, who was working in the respondent Transport Corporation and attained superannuation on 31.05.2016, seeking a Mandamus as against the employer for payment of difference in leave salary amount of Rs. 1,20,057/-, in terms of G.O.(Ms).No.134, Transport (D) Department, dated 09.04.2018 and G.O.(Ms).No.142, Transport (E) Department, dated 26.08.2019 along with the Government clarification letter No.file:1706C1.2023-1, dated 25.05.2023 and all other attendant benefits to him with interest at the rate of 6% per annum from 01.10.2017 to till the date of payment.
2. According to the writ petitioner, in view of 7th Pay Commission that was implemented with effect from 01.01.2016, his wages and other benefits enhanced, were not disbursed to him. After 2/7
retired from service, he has sent a representation to the respondent herein on 07.04.2024, seeking for disbursal of the above said eligible amount.
3. As far as G.O.(Ms) No.142, dated 26.08.2019, is concerned, it was challenged before this Court and in a batch of writ petitions in W.P. (MD).Nos.1147 of 2020 etc., by an order, dated 02.03.2023, this Court has passed the following order in Paragraph No.19 : "19. Further, a Government Order cannot overrule the Rules, when the Rules says that the employees entitled to the benefits immediately after retirement, the employees worked in the respondent Transport Corporation, who have retired between 01.09.2016 and 31.12.2017, are entitled to receive revised monetary benefits from the date on which the revised monetary benefits were given to the working employees under the 13th Wage Settlement. Further, the employees who have retired between 01.01.2016 and 31.03.2018 are entitled to receive the revised monetary benefits from the date on which the revised monetary benefits were given to the working employees as 3/7
per 7th Pay Commission. Hence, to that extent, the impugned G.O., is modified. Further, with regard to dearness allowance, the retired employees are entitled to the percentage of dearness allowance as fixed by the State Government to the in-service employees. The respondents are directed to calculate the arrears of pension payable to the petitioners and settle the entire benefit, within a period of twelve weeks from the date of receipt of a copy of this order."
4. The said order was challenged by the Transport Corporation by filing a writ appeal in W.A.(MD) No.1240 of 2023. The Hon'ble Division Bench of this Court was pleased to dismiss the writ appeal on 13.09.2023. Paragraph No.6 is extracted as follows: "6. In view of the matter, no exception can be taken for the findings and conclusions reached by the learned Single Judge and accordingly, finding no merits, the Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed."
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5. In view of the above said facts, the respondent herein is directed to consider the representation of the writ petitioner, dated 07.04.2024, in the light of G.O.(Ms).No.134, dated 09.04.2018 and G.O. (Ms).No.142, dated 26.08.2019, as modified by this Court in W.P.(MD) No.1147 of 2023, dated 02.03.2023 and confirmed by this Court in W.A. (MD).No.1240 of 2023, dated 13.09.2023 and disburse the eligible amount along with interest at the rate of 6% per annum from 01.10.2017 within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above said observations, this Writ Petition stands disposed of. No costs.
24.04.2024 NCC: Yes/No Index : Yes/No Internet:Yes/No akv 5/7
To The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai 625 016.
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R.N.MANJULA, J.
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