L.Roseline v. The Management Of

W.P.(MD) No.23963 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23963 of 2019 L.Roseline ... Petitioner -VsThe Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its General Manager, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay arrears of wages to the petitioner for the period from 01.01.2019 to 31.03.2019, together with 18% interest p.a., after correctly arriving at the monthly wages payable to her, by taking note of the enhanced rate of dearness allowance as ordered/fixed for the period from 01.01.2019 to 30.06.2019 in the G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and also to revise her terminal benefits, namely gratuity and encashment of 290.5 days of earned and sick leaves, based on such wages payable to her on the month of her retirement i.e., March, 2019 and accordingly to pay her balance/arrears of gratuity and encashment of earned and sick leave days, together with 18% interest p.a., within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.D.Sivaraman

ORDER

This Writ Petition is filed to direct the respondent to pay arrears of wages to the petitioner for the period from 01.01.2019 to 31.03.2019, together with 18% interest p.a., after correctly arriving at the monthly wages payable to her, by taking note of the enhanced rate of dearness allowance as ordered/fixed for the period from 01.01.2019 to 30.06.2019 in the G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and also to revise her terminal benefits, namely gratuity and encashment of 290.5 days of earned and sick leaves, based on such wages payable to her on the month of her retirement i.e., March, 2019 and accordingly to pay her balance/arrears of gratuity and encashment of earned and sick leave days, together with 18% interest p.a., within a time frame as may be fixed by this Court.

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W.P.(MD) No.23963 of 2019 2.Mr.D.Sivaraman, learned counsel takes notice on behalf of the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.According to the petitioner, she was appointed as Junior Tradesman in the respondent Corporation on 18.12.1990 and retired from service on 31.03.2019, on attaining the age of superannuation as 'TE Level-5'. The Government has enhanced the dearness allowance. However, the respondent wrongly calculated the terminal benefits. Therefore, the petitioner has sent a representation dated 30.09.2019 to the respondent, to pay the arrears of wages and arrears of terminal benefits. However, the same has not been considered by the respondent. Hence, the petitioner has come out with the present Writ Petition.

4.Considering the nature of relief sought for in the Writ Petition, without deciding the issues on merits, this Court directs the respondent to consider the representation of the petitioner dated 30.09.2019, on merits and pass orders in the light of G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019 and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) am +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-98801[F] dated 15/11/2019 ) W.P.(MD)No.23963 of 2019 14.11.2019 MK (06.12.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2