Madras High CourtWP(MD)/24193/2017allowed

N.Panneerselvam,S/O.Nagalingam v. Tamil Nadu State Transport

2018-01-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.24193 of 2017 N.Panneerselvam ... Petitioner Vs.

1. Tamil Nadu State Transport Corporation, (Kumbakovam) Ltd, Rep.by its Managing Director, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Kumbakonam Region, Kumbakonam.

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.07.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.08.2014 to till date together with interest at the rate of 18% per annum based on the said settlement under Section 12(3) of the ID Act dated 13.04.2015.

For Petitioner : Mr.A.Rahul For respondents : Mr.D.Sivaraman for R1&R2

O R D E R

The petitioner was working as a Conductor in the respondent corporation. He retired from service on 31.07.2014. Thereafter, the settlement was entered into between the trade union and the management providing for retrospective revision of basic pay. It cannot be disputed that the writ petitioner is entitled to the https://hcservices.ecourts.gov.in/hcservices/

benefits under the said settlement. Therefore, the writ petitioner has sought payment of the dues amount. Since the writ petitioner's request was not considered, this writ petition has been filed.

2.The fair stand taken by the respondents that the amounts payable by way of dues amount to the petitioner will be disbursed within a period of three weeks from the date of receipt of a copy of this order. It is made clear that the amounts payable to the writ petitioner will carry interest at the rate of 6% from the date of settlement.

3.This writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) + 1 cc TO Mr.D.Sivaraman , Advocate in SR No. 43238 + 1 cc TO Mr.A.Rahul , Advocate in SR No. 43102 skm AE/SKN/SAR1/24.07.2018/2P/3C W.P(MD)No.24193 of 2017 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/