Alagarsamy C v. The Managing Director

1 W.P.(MD)NO.27167 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27167 of 2022 C.Alagarsamy ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of salary from September 2016 to December 2017 on the basis of 12(3) Settlement dated 04.01.2018 along with 6% interest. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner joined as Conductor in the respondent Corporation. He reached the age of superannuation and retired on 31.05.2019. 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 2/4

3 W.P.(MD)NO.27167 OF 2022 the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.

4. The Writ Petition is allowed accordingly. No costs. 01.12.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

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4 W.P.(MD)NO.27167 OF 2022 G.R.SWAMINATHAN,J.

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