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Madras High CourtWP(MD)/16525/2024disposed of

Suganthi R v. The Managing Director

2024-07-24Honourable Ms Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA R.Suganthi ... Petitioner Vs

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

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, 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, directing the Respondents to disburse the petitioner husband's difference amount of Salary, Gratuity, Surrender Leave, Provident Fund, Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement dated 24.08.2022 along with 6 percentage interest. For Petitioner : Mr. K.Gokul For Respondents : Mr.K.Ramaiah (R1,R2) Standing Counsel 1/5

ORDER

Heard Mr.K.Gokul, learned counsel appearing for the petitioner, Mr.K.Ramaiah and learned Standing Counsel appearing for R1,R2. 2.The petitioner has filed this writ petition seeking to issue a direction to the Respondents to disburse the petitioner husband's difference amount of Salary, Gratuity, Surrender Leave, Provident Fund, Pension Arrears and to revise Pension on the basis of 12(3) Settlement dated 24.08.2022 along with interest.

3.The petitioner's husband was employed as a Junior Record Clerk in the respondent Corporation and he died on 20.02.2023. 4.A settlement was entered into between the Union and the Management on 24.08.2022. But, it was made applicable with effect from 01.09.2019. Therefore, the petitioner's husband was also entitled to the benefit under the said settlement, dated 24.08.2022. But his terminal benefits were settled without any reference to the terms of the settlement. Therefore, the 2/5

petitioner's husband is entitled to not only the difference in benefits but also to the interest thereon.

5.This stand of the petitioner cannot be disputed. I therefore, direct the first respondent Corporation to pay arrears of wages and differential benefits in respect of difference amount of Salary, Gratuity, Surrender Leave, Provident Fund, Pension Arrears and to revise Pension as per wage settlement, dated 24.08.2022. This amount shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The first respondent has to make the differential payment with interest at the rate of 6% per annum to be computed from the date of the petitioner husband's retirement till the date of payment.

6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

24.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM 3/5

To

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

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

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R.N.MANJULA, J.

PNM ORDER IN 24.07.2024 5/5