Ganesan.M.M v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.M.Ganesh ... Petitioner Vs.

1.The Managing Director, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

3.The Administrator, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... 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 1/4

disburse the petitioner difference amount of Gratuity, Surrender Leave Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement dated 24.08.2022 along with 6 percent interest.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jegadees Balan Standing Counsel for R.1 & R.2 Mr.S.C.Herold Singh Standing Counsel for R.3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner worked as Checking Inspector in the respondent Corporation. The petitioner reached the age of superannuation on 31.01.2020. He had been denied the benefit of wage settlement for the period from 01.09.2016 to 31.12.2017. Claiming disbursement of the said benefit, the present writ petition has been filed.

3. Subsequently, settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 24.08.2022. But his terminal benefits were settled 2/4

without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.

4. 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 and to revise the pension arrears also. 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.

5. The Writ Petition is allowed. No costs.

29.11.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Managing Director, New Railway Station Road, Kumbakonam - 612 001.

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G.R.SWAMINATHAN, J.

mga 2.The General Manager, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

3.The Administrator, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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