V.Govindaraj v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Govindaraj ... Petitioner Vs.

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

2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, 27, New Railway Station Road, Kumbakonam-612 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the petitioner's difference amount of salary from September 2016 to December 2017 on the basis of 12(3) settlement dated 04.01.2018 along with 6% interest.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jegadees Balan Standing Counsel 1/4

ORDER

Heard the learned counsel on either side.

2. The writ petitioner joined as Conductor in the respondent Corporation. He reached the age of superannuation and retired on 30.04.2019. Subsequently, settlement was entered into between the Union and the Management on 04.01.2018. But it was made applicable with effect from 01.09.2016. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 04.01.2018. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to difference in benefits thereon.

3. This stand of the petitioner cannot be disputed. I, therefore, direct the respondent corporation to pay differential benefits of 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 computed from the date of the petitioner's retirement till the date of payment.

2/4

4. The Writ Petition is allowed accordingly. No costs. 07.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi 07.06.2023 4/4