K.Muniyandi v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Muniyandi ... Petitioner -vs1.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., 2.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Region, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the basic difference salary amount of the petitioner as per the new basis salary made in the 12(3) 12th wage settlement dated 01.09.2013 with the rate of 6% interest on the basis of the petitioner's representation dated 16.04.2025. For Petitioner : Mr.K.Gokul For Respondents : Mr.Gladson Michael Rajadurai Standing Counsel

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents to disburse the basic difference in salary due to the petitioner as per the revised basic pay fixed under the 12(3) Twelfth Wage Settlement dated 01.09.2013, along with interest at the rate of 6% per annum, based on the petitioner's representation dated 16.04.2025.

2. The petitioner retired from service on 31.12.2014 as a 'Senior Grade Checking Inspector'. Prior to the petitioner's retirement, settlement was entered between the union and the management on 01.09.2013. Therefore, the petitioner is entitled to the said benefit under the settlement, dated 01.09.2013, but the terminal benefits was settled without reference to the terms of the settlement. Requesting the respondents to extend the said benefit, the petitioner submitted a representation on 16.04.2025. Aggrieved by the inaction of the respondents in considering the representation to settle the benefits as per the settlement dated 01.09.2013, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

4. On perusal of the facts and circumstances of the case, in our considered view, the issue involved in the writ petition is no longer res-integra.

5. The issue involved in the present writ petition has been dealt with by this Court in W.P(MD)No.8910 of 2024 etc. batch. The relevant portion of the said order is extracted herein under:- ''8. Once a particular decision for revising the wages is taken and evolved into an agreement between the parties including the State, as such granting the benefits retrospectively, then at the time of implementing the same, it cannot make any partial denial by passing orders to restrict the benefits. A Government letter cannot over rule the extant rules, when the rules say that the employees are entitled to the benefits immediately after retirement. Hence, without any doubt and in view of the settled legal position, the employees who worked in the Transport Corporation and have retired between 01.09.2019 and 31.07.2022 are entitled to receive the revised monetary benefits from the date on which the revised monetary benefits were agreed under the 14th wage revision settlement.

9. As the pension has also been revised under the terms of the 14th wage revision settlement and Rule 15 of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules, the last drawn basic salary shall be the salary to be taken for calculating pensions. As the last drawn salary has been revised in terms of the 14th wage revision settlement, the impugned letter cannot restrict the benefits. The respondents are directed to revise the monetary benefits and the difference in the revised pension which is payable from the date on which the revised monetary benefits were given to the working employees under the 14th wage revision settlement.''

6. As the facts are not disputed by the respondent, this Court by following

the above order stated supra, is inclined to allow the writ petition. Accordingly, the writ petition is allowed with the following direction:- The respondents are directed to pay the difference amounts of the benefits for which the petitioner is legally entitled to as per the wage settlement, dated 01.09.2013 with 6% interest per annum to be computed from the date of petitioner's retirement i.e., 31.12.2014 till the date of actual payment within a period of 6 weeks from the date of receipt of a copy of this order.

There shall be no order as to costs.

NCC : Yes / No 01.07.2025 Index : Yes / No smn2 To:- 1.The Managing Director, Tamil Nadu State Transport Corporation (MDU) Ltd., 2.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd.,

Madurai Region,

VIVEK KUMAR SINGH , J.

smn2 01.07.2025