Manoharan S v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Manoharan ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corpn. (MDU) Ltd., Bye-Pass Road, Madurai - 625 016.

2.The General Manager, Tamilnadu State Transport Corpn. (MDU) Ltd., Collectorate Post, Bye-Pass Road, Dindigul - 624 004.

3.The Administrator, Tamilnadu State Transport Corporation, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of Gratuity, Surrender Leave, Pension arrears and pension along with 6% interest on the basis of VIIth pay commission.

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For Petitioner : Mr.K.Gokul For Respondents : Mr.S.Sivabalaji, Standing Counsel for R1 & R2.

Mr.S.C.Herold Singh, Standing Counsel for R3.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Junior Assistant in the year 1986. He retired from service on 29.11.2017 as Senior Superintendent. His grievance is that his pay was not revised by taking into account the 7th pay commission. This assertion made by the petitioner is not controverted by the respondent corporation. 3.I, therefore, direct the respondents to disburse the differential arrears by reckoning the petitioner's pay in terms of the 7th pay commission revised wages. This shall be done within a period of three months from the date of receipt of a copy of this order. If the differential 2/4

salary arrears are paid within three months, it will not carry any interest. If the respondents failed to pay the differential salary arrears within the aforesaid time limit, it will carry interest at the rate of 6% per annum from the date of the petitioner's retirement. 4.This writ petition is allowed on these terms. No costs. 01.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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