M/S.K.Lakshmanan v. The Management Of

W.P.(MD) No.24271 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.24271 of 2019 K.Laksmanan ... Petitioner -VsThe Management of State Express Transport Corporation (Tamil Nadu) Limited, Represented by its Managing Director, Pallavan Salai, Chennai-2.

... Respondent 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, together with 18% interest p.a., after correctly arriving at the monthly wages payable to the petitioner for the month of January, 2019, 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 the petitioner's terminal benefits, namely, gratuity and enhancement of 206.5 days earned and sick leaves, based on such wages payable to the petitioner on the month of the petitioner's retirement ie., January, 2019 and accordingly, to pay the petitioner's 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.K.Sathyasingh

ORDER

This Writ Petition is filed for a direction to the respondent to pay arrears of wages to the petitioner, together with 18% interest, within a time frame as may be fixed by this Court.

2.Mr.K.Sathysingh, 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, he was appointed as Junior Tradesman in the respondent Corporation and retired from service on 30.01.2019 as Senior Selection Grade Tradesman, on attaining the age superannuation. His terminal benefits were settled belatedly only on 20.09.2019. However, the arrears of terminal https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.24271 of 2019 benefits have not been settled. Hence, the petitioner has made a representation dated 30.09.2019 to the respondent. Till date, the same has not been considered. Hence, the petitioner has come out with the present Writ Petition.

4.Though various averments have been raised in the affidavit filed in support of this Writ Petition, when the matter is taken up for admission, the learned counsel appearing for the petitioner submitted if a direction is issued to the respondent to pass orders on the representation of the petitioner, dated 30.09.2019, it would suffice.

5.Considering the nature of relief sought for in the Writ Petition, the respondent is directed to consider the representation of the petitioner dated 30.09.2019 on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) Myr +1 CC to M/s.K. SATHIYA SINGH, Advocate ( SR-99729[F] dated 20/11/2019 ) W.P.(MD)No.24271 of 2019 18.11.2019 KM/(13.12.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2