Alagarsamy A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/07/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA A.Alagarsamy ... Petitioner Vs 1.The Managing Director Tamilnadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai 625 016.

2.The General Manager, Tamilnadu State Transport Corporation Ltd., Madurai Region, Byepass road Madurai ... 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 settle the difference in grade pay of Rs.35,700/- for 21 months (21x1700=Rs.35,700) as per the 12(3) settlement dated 04.01.2018 in the category of Checking Inspector and as per entries made in the service records of the petitioner on 19.05.2018 along with belated payment interest at the rate of 6% per annum. 1/5

For Petitioner : Mr.S.Govindan For Respondents : Mr.Michael Gladson Rajadurai

ORDER

Heard Mr.S.Govindan, learned counsel appearing for the petitioner and Mr.Michael Gladson Rajadurai, learned Counsel appearing for respondents.

2. By consent of both sides, the writ petition itself is taken up for final disposal.

3. The petitioner has filed this petition for a Mandamus to direct the respondents to settle the difference in grade pay of Rs.35,700/- for 21 months (21x1700=Rs.35,700) as per the 12(3) settlement dated 04.01.2018 in the category of Checking Inspector and as per entries made in the service records of the petitioner on 19.05.2018 along with belated payment interest at the rate of 6% per annum. 2/5

4. The petitioner was a Checking Inspector in the respondent Corporation and retired on 30.06.2017. As per the wage settlement, which was arrived at on 01.09.2016, the petitioner is entitled to get the benefits applicable to him. Hence, the petitioner has approached the respondents by giving a representation, which was not considered and hence, the petitioner is before this Court.

5. It is stated that a settlement was entered into between the Union and the Management on 01.09.2016. But, 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. However, his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also the interest thereon.

6. This stand of the petitioner cannot be disputed. Accordingly, the writ petition is disposed of and the respondent Corporation is directed to pay difference in grade pay as per the settlement. This amount shall be paid within a period of six months from the date of receipt of a copy of 3/5

this order. The respondents have to make the differential payment with interest at the rate of 6% per annum to be computed from the date of the petitioner's retirement till the date of payment. No costs. 12.07.2024 RR 4/5

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.15683 of 2024 Date : 12/07/2024 5/5