C.Anton Feranando v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH C.Anton Feranando ... Petitioner -vs1.The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007. 2.The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd., Tirunelveli Region, Tirunelveli District - 627 007.

... 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 petitioner's difference amount of Salary, Gratuity, Surrender Leave, Pensions, Pensions Arrears and to revise Pensions on the basis of 12(3) settlement dated 04.01.2018 along with 6% interest.

For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

The present writ petition has been filed seeking a direction to the respondents to disburse the petitioner's difference amount of Salary, Gratuity, Surrender Leave, Pension, Pension Arrears and to revise pension on the basis of 12 (3) Settlement, dated 04.01.2018.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as a 'Driver' in the respondent corporation and retired from service on attaining the age of superannuation on 31.01.2017. 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. Therefore, 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 interest thereon.

4. The above said stand of the petitioner cannot be disputed. Therefore, I direct the respondents corporation to pay differential benefits in respect of Salary, Gratuity, Surrender Leave, Pension, Pensions Arrears. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed form the date of the petitioner's retirement till the date of payment.

5. Accordingly, this Writ Petition stands disposed of. No costs. NCC : Yes / No 03.07.2025 Index : Yes / No smn2 To:- 1.The Managing Director, Tamil Nadu State Transport Corporation (TVL) Ltd., 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007. 2.The General Manager, Tamil Nadu State Transport Corporation (TVL) Ltd., Tirunelveli Region, Tirunelveli District - 627 007.

VIVEK KUMAR SINGH , J.

smn2 03.07.2025