N.Manickavasagam v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA N.Manickavasagam ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District-627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District-627 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension 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 salary, Gratuity, Surrender of Leave, Pensions, Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement dated 04.01.2018 along with 6 % interest. 1/5
For Petitioner : Mr. K.Gokul For Respondents : Mr.K.Ramaiah (R1,R2) Mr.S.C.Herold Singh (R3) Standing Counsels
ORDER
Heard Mr.N.S.Ramakrishna Dass, learned counsel appearing for the petitioner, Mr.K.Ramaiah, learned Standing Counsel appearing for R1 & R2 and Mr.S.C.Herold Singh, learned Counsel appearing for R3. 2.The petitioner has filed this writ petition seeking to issue a direction to the respondents to disburse the petitioner's difference amount of salary, Gratuity, Surrender of Leave, Pensions, Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement dated 04.01.2018 along with 6 % interest.
3.The petitioner was employed as Conductor in the respondent Corporation and retired from service on attaining the age of superannuation on 31.03.2017.
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4.A settlement was entered into between the Union and the Management on 01.09.2016. However, it was made applicable with effect from 04.01.2018. The petitioner was also entitled to the benefit under the said settlement, dated 01.09.2016. But his terminal benefits were settled without any reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also to the interest thereon. 5.The learned Standing Counsel appearing for the third respondent brought to the notice of this Court that so far as the pensioners are concerned, the respondent has issued a proceedings in E.File Letter No.490/E1/2024-1, dated 13.06.2024, wherein, it is clarified that the pension arrears will be released in four instalments.
6.In view of the same, I hereby direct the first respondent Corporation to pay arrears of wages and differential benefits in respect of salary, Gratuity, Surrender of Leave, Pensions, Pensions Arrears and to revise Pensions salary and all other attendant benefits as per wage settlement, dated 01.09.2016. This amount shall be paid in accordance with the proceedings of 3/5
the respondent in E.File Letter No.490/E1/2024-1, dated 13.06.2024 along with interest applicable if any.
7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.
18.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To
1. The Managing Director, Tamil Nadu State Transport Corporation (Tvl) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District-627 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Tvl) Ltd., Tirunelveli Region, Tirunelveli District-627 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
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R.N.MANJULA, J.
PNM ORDER IN 18.06.2024 5/5