Madras High CourtWP(MD)/13017/2023allowed

N.Hariharan v. The Managing Director

2023-06-06Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.13017 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13017 of 2023 N.Hariharan ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corpn. (KMB) Ltd., 27, New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corpn. (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, Provident Fund, Pension Arrears and to revise pensions on the basis of 12(3) Settlement dated 24.08.2022 along with 6 percent interest. For Petitioner : Mr.K.Gokul For Respondents : Mr.Jagadees Balan * * * 1/4

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner worked as Special Grade Tradesman in the respondent Corporation. He voluntarily retired on 28.02.2022. 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 the difference in benefits.

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. The respondent have to make the differential payment to be computed from the date of the petitioner's retirement till the date of payment. 2/4

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4. The Writ Petition is allowed accordingly. No costs. 06.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Managing Director, Tamil Nadu State Transport Corpn. (KMB) Ltd., 27, New Railway Station Road, Kumbakonam - 612 001.

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

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4 W.P.(MD)NO.13017 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.13017 of 2023 06.06.2023 4/4