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Madras High CourtWP(MD)/10324/2023allowed

Periyakaruppan Al.S v. The Managing Director

2023-04-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AL.S.Periakaruppan ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pillai Thanir Pandhal, Thirumaiyam Road, Pudukottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioners difference amount of Gratuity on the basis of VIIth Pay commission. 1/4

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The writ petitioner was employed as Technical Assistant in the respondent Corporation. He retired on 31.03.2018. His contention is that the retirement benefits payable to him were not computed by taking into account the 7th Pay Commission Revised Wages. The petitioner's contention cannot be disputed.

3. I therefore direct the respondents to disburse the differential gratuity amount to the petitioner by computing his last drawn wages in terms of the 7th Pay Commission Revised Wages. This shall be paid within a period of three months from the date of receipt of a copy of this order. If such payment is made within the aforesaid period, it will not carry any interest. If the payment is not made within the aforesaid period, it will carry interest from the date of petitioner's retirement.

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4. This writ petition is allowed on these terms. There shall be no order as to costs.

28.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Pillai Thanir Pandhal, Thirumaiyam Road, Pudukottai District.

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G.R.SWAMINATHAN, J.

MGA 28.04.2023 4/4