Sangili.R v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Sangili ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612001.
2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the petitioners difference amount of salary, on the basis of 12(3) Settlement dated 04.01.2018 along with 6 percent interest. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadeesbalan Standing Counsel 1/3
ORDER
Heard the learned counsel on either side.
2. The writ petitioner worked as Conductor in the respondent Corporation. He reached the age of superannuation and retired on 31.05.2017. Subsequently, settlement was entered into between the Union and the Management on 04.01.2018. But it was made applicable with effect from 01.09.2016. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 04.01.2018. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.
3. This stand of the petitioner cannot be disputed. I therefore direct the respondent corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondent have to make the differential payment with 6% interest per annum to be computed form the date of the petitioner's retirement till the date of payment.
4. The Writ Petition is allowed. No costs.
16.11.2022 Index : Yes / No Internet : Yes/ No rmi 2/3
G.R.SWAMINATHAN, J.
rmi 16.11.2022 3/3