A. Johnson v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24131 of 2024 A.Johnson ... Petitioner Vs.
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Tirunelveli.
3. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to implement the 14th wage settlement (ghh;it C1/23053/2019), signed under Section 12 (3) of the I.D.Act, dated 24.08.2022, and to recalculate the retirement benefits of the petitioner such as gratuity, leave salary, provident fund, commuted pension, re-calculated pension for the period from 01.09.2019 to 30.06.2022, pension arrears and other retirement benefits and consequently direct the respondents to pay the petitioner the difference amount of the same along with interest at the rate of 6% per annum within the time limit stipulated by this Court. For Petitioner : Mr.S.Sivakumar For R1 : Mr.S.Shanmugavel Additional Government Pleader For R2 and R3 : Mr.D.Jebaraj Standing Counsel For R4 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
The present Writ Petition has been filed by a Traffic Inspector of the respondent Transport Corporation seeking a Mandamus to revise the wages based upon the 14th wage settlement, dated 24.08.2022. 2/5
2. According to the learned counsel appearing for the writ petitioner, though the petitioner had retired before 24.08.2022, as per the wage settlement, the benefits will be conferred upon all those employees who were on service on 01.09.2019. However, the said benefits have not been conferred upon the writ petitioner. The petitioner has also sent a representation to the respondents herein on 31.10.2023 for conferment of the said benefits. Since the representation has not been considered, the present writ petition has been filed.
3. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 to 4.
4. Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner along with interest at the rate of 6% p.a., from the due date till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
14.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Tirunelveli.
3. The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
4/5
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.24131 of 2024 14.10.2024 5/5