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Madras High CourtWP(MD)/15316/2026allowed

K.Indira v. The Additional Chief Secretary To Government Of Tamil Nadu

2026-06-09Honourable Mr.Justice Mummineni Sudheer Kumar8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.06.2026

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR K.Indira ... Petitioner Vs

1. The Additional Chief Secretary to Government of Tamil Nadu Transport Department, Secretariat Chennai - 600 009.

2. The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Velankanni-611 111.

4. The Administrator The Tamil Nadu Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai -600 002.

... Respondents 1/8

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 compute and pay the petitioner, differential amounts in the retirement benefits of her husband Late.S.Kumaresan, Checking Inspector, in respect of Gratuity, Encashment of Leave Salary, Pension with arrears by extending the benefit of 15th wage revision settlement entered under Section 12(3) of I.D. Act dated 29.05.2025 and also giving her Dearness Allowance on family pension at the rates on par with serving employees of Transport Corporation and to pay her entire differential payment arrears together with interest from the date of retirement of her husband to till the date of payment to the petitioner. For Petitioner : Mr. A.Rahul For R1 : Mr.M.Dinesh Hari Sudarsan Counsel for Government of TN (Civil Side) For R2 to R4 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

Mr.M.Dinesh Hari Sudarsan, learned Counsel for Government of TN (Civil Side), takes notice for the first respondent. Mr.S.C.Herold Singh, learned TNSTC Standing Counsel, takes notice for the respondents 2 to 4.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

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3. Heard the learned counsel for the petitioner and the learned Counsel for Government of TN (Civil Side) and Standing Counsel appearing for the respondents.

4. This writ petition has been filed by the wife of the deceased employee, namely S.Kumaresan, for a mandamus directing the respondents to disburse to the petitioner, the differential amount of terminal benefits namely Gratuity, Encashment of Leave Salary, Pension with arrears, by extending the benefit of 15th wage revision settlement entered under Section 12(3) of I.D. Act dated 29.05.2025 and also giving her Dearness Allowance on family pension at the rates on par with serving employees of Transport Corporation and to pay her entire differential payment arrears together with interest from the date of retirement of her husband to till the date of payment to the petitioner.

5. Today, when the matter is taken up for consideration, learned counsel on either side agree that the issue that arises for consideration in this writ petition is squarely covered by an order passed by the Coordinate Bench of this Court in W.P.(MD) No.3191 of 2026, dated 3/8

05.02.2026, in an identical fact situation and a copy of the said order is also placed before this Court.

6. In the light of the consensus, this Court does not see any reason to adjudicate the case on hand on merits and is of the view that this writ petition can be disposed of in terms of the said order dated 05.02.2026, passed by the Coordinate Bench of this Court in W.P.(MD) No.3191 of 2026, wherein, the learned Single Judge has held as follows: "7.The petitioner's husband was in service as a permanent employee of the Transport Corporation as on 01.09.2023 and therefore, he is entitled for the benefits as per this 15th wage settlement. The petitioner's husband died, while he was in service on 27.12.2023 and he was paid with the retirement benefits as per the earlier wage settlement. The 15th wage settlement provides revision of scale of pay by 6% on the basic pay, for those who were in service as on 01.09.2023, however monetary benefits with effect from 01.09.2024. Therefore, the petitioner's husband is entitled for the monetary benefits, pursuant to the revision of scale of pay from 01.09.2024 and the consequential retirement benefits.

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8.Admittedly, such a revision has not been made till date. Any belated settlement of monetary benefits due to an employee needs to be settled with interest at the rate of 6% per annum. Therefore, this writ petition stands allowed with a direction to the respondent Transport Corporation to revise the pay scale of the petitioner's husband with effect from 01.09.2023 and provide the monetary benefits with effect from 01.09.2024, as per the 15th wage settlement dated 29.05.2025 and settle the benefits along with arrears to the petitioner within a period of six months from the date of receipt of a copy of this order, with interest @ 6% per annum. The interest shall be calculated for the period beyond Clause 37(b) of the settlement dated 29.05.2025 till the date of actual payment. There shall be no order as to costs."

7. In the light of the above, this writ petition is allowed directing the respondents to revise the pay scale of the petitioner's deceased husband with effect from 01.09.2023 and provide all the consequential monetary benefits with effect from 01.09.2024 as per the 15th Wage 5/8

Settlement dated 29.05.2025 and settle all other benefits in terms of the said Settlement and pay arrears thereon to the petitioner, within a period of five (5) months from the date of receipt of a copy of this order, together with interest at the rate of 6% per annum for the belated payment. No costs.

09.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No apd TO

1. The Additional Chief Secretary to Government of Tamil Nadu Transport Department, Secretariat Chennai - 600 009.

2. The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Velankanni-611 111.

4. The Administrator The Tamil Nadu Transport Corporation Employees Pension 6/8

Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai -600 002.

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MUMMINENI SUDHEER KUMAR, J apd

ORDER

IN WP(MD) No. 15316 of 2026 Date : 09.06.2026 8/8