Navaneethan P v. The Additional Chief Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR P.Navaneethan ... Petitioner Vs 1.The Additional Chief Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 09.
2.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Madurai.
3.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.
4.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to pay the difference amounts in the benefits in respect of Gratuity, Encashment of Earned Leave Salary, Commuted Value of Pension and Monthly pension along with Dearness Allowance and with arrears from the date of retirement i.e. 31.07.2023 to the petitioner as per the Wage Revision Settlement dated 24.08.2022 together with 1/5
interest at 6 % per annum for the differential payment to be computed from the date of his retirement till the date of payment within a time frame as may be fixed by this Court.
For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 Mr.S.C.Herold Singh Standing Counsel for R2 to R4 * * * * *.
ORDER
The instant writ petition has been filed by a retired Special Grade Conductor of the respondent transport corporation seeking a mandamus to pay the difference amount in the benefit in gratuity, encashment of earned leave salary, commuted value of pension and the monthly pension along with dearness allowances from the date of retirement. 2.Seeking the said benefits, the petitioner has sent a representation on 08.07.2024. Since there is no response from the respondent authorities, the present writ petition has been filed.
3.Considering the above said fact, this Court is quashed the letter issued by the Government dated 17.02.2023, wherein the revision of pension to the 2/5
pensioners under the 14th wage settlement was directed to take effect prospectively and also freezing of the dearness allowance was quashed by this Court, this Court directs the respondent authorities to confer the eligible benefits upon the writ petitioner along with 6% interest from the due date till the date of realization within a period of twelve weeks from the date of receipt of a copy of this order.
4.With the above said observations, this writ petition stands disposed of. No costs.
14.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5
To 1.The Additional Chief Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 09.
2.The Tamil Nadu State Transport Corporation (Madurai) Limited, Represented by its Managing Director, Madurai.
3.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.
4.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 02.
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R.VIJAYAKUMAR , J.
RJR 14.08.2024 5/5