Lt. Sree Kumar v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25183 of 2024 L.T.Sreek Kumar ... Petitioner Vs.
1. The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil - 629 001, Kanyakumari District.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... 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 settle the difference in petitioner's terminal benefits namely gratuity, encashment of leave and all other attendant benefits if any based on the new wage settlement under Section 12(3) of ID Act, 1947, dated 24.08.2022 with revised pay matrix w.e.f. 01.09.2019 to on the date of the petitioner retirement (for the period from 01.09.2019 to 31.05.2022) payable to the 1/5
petitioner with interest at the rate of 6% per annum within the time that may be stipulated by this Court.
For Petitioner : Mr.N.S.Ramakrishna Dass For R1 : Mr.K.Ramaiah Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
The present Writ Petition has been filed by a Special Grade Conductor of the respondent Transport Corporation seeking a Mandamus to revise the wages based upon the 14th wage settlement, dated 24.08.2022.
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 01.10.2024 for conferment of the said benefits. Since the representation has not been considered, the present writ petition has been filed.
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3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
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.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
23.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The General Manager, Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil - 629 001, Kanyakumari District.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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R.VIJAYAKUMAR,J.
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