Kennedy.T v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Kennedy ... Petitioner Vs.

1.The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.

2.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirappalli.

... 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 sanction the balance amount of Gratuity Rs.41,898/- and Earned Leave Salary of Rs.17,088/- totally Rs.58,986/- along with 6% interest per annum to the petitioner within the time limit that may be fixed by this Court. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadees Balan, Standing Counsel.

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ORDER

Heard the learned counsel on either side.

2.The writ petitioner was working as Conductor in the respondent corporation. He joined service on 18.04.1986 and retired on 29.02.2020. It appears that the terminal benefits were computed by taking the dearness allowance as 17% instead of 21%. There is no dispute that an error in computation had taken place. Therefore, the respondents are directed to rework the petitioner's terminal benefits by taking his dearness allowance as 21%. The differential amount shall be paid to the writ petitioner within a period of twelve weeks from the date of receipt of a copy of this order. This payment will carry interest at the rate of 6% per annum.

3.The writ petition is allowed on these terms. No costs. 01.11.2022 Index : Yes / No Internet : Yes/ No ias 2/4

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G.R.SWAMINATHAN, J.

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