C.Murugan v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.24300 of 2024 C.Murugan ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation(Tirunelveli) Limited, Rep. by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation(Tirunelveli) Limited, Rep. by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

3.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to revise petitioner's scale of pay w.e.f.01.09.2019 based on the new wage settlement dated 24.08.2022 and consequently to pay the petitioner difference/arrears of wages for the period from 01.09.2019 to 30.06.2022 and also the difference in petitioner's terminal benefits namely Gratuity, Encashment of leave, after revising the same based on such re-fixed scale of pay payable to the petitioner on the month of the petitioner's retirement, together with 18% interest per annum within a time frame fixed by this Court. 1/5

For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj Standing Counsel for R1 & R2 Mr.S.C.Herold Singh Standing Counsel for R3

ORDER

The instant writ petition has been filed by a Special Grade Conductor of the respondent transport corporation, who had attained superannuation on 30.06.2022, seeking a mandamus as against the respondent authorities for disbursement of difference in the terminal benefits in the gratuity, encashment of leave, pension along with interest at the rate of 18% per annum. 2.According to the learned Counsel appearing for the writ petitioner, after his retirement, the management and trade unions have reached the wage settlement on 24.08.2022, wherein it was agreed that the pay scale would get revised on 01.09.2019. However, the said benefits were not conferred to him. Hence, he has addressed a representation on 05.10.2024. Since there is no response, the present writ petition has been filed. 2/5

3.Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner along with 6% interest from the due date till the date of payment 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.

15.10.2024 2/2 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR To 1.The Managing Director, The Tamil Nadu State Transport Corporation(Tirunelveli) Limited, Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation(Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil.

3.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

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R.VIJAYAKUMAR, J.

RJR W.P.(MD)No.24300 of 2024 15.10.2024 2/2 4/5

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