Jegarajan. A v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Jegarajan ... Petitioner Vs.

1.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanniyakumari District.

2.The Administrator, The Tamil Nadu State Transport Employee Pension Fund Trust, Thiruvalluvar Illam, 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 petitioner's retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 31.03.2020 till the date of realization of amount as per the settlement, dated 24.08.2022 under section 12(3) of ID Act 1947 w.e.f 01.09.2019, payable to him with 18% rate of interest within a time stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For R1 : Mr.D.Jebaraj Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by a Special Grade Conductor who attained superannuation on 31.03.2020 seeking monetary benefits and the consequential enhancement of pension based upon the 12(3) settlement reached between the management and the union on 24.08.2022.

2. According to the learned counsel appearing for the petitioner, though the settlement is dated 24.08.2022, the monetary benefits were agreed to be given to the employees with effect from 01.09.2019 and hence, the benefits of the said settlement are applicable to him. Based upon the said facts, the petitioner has given a representation on 23.06.2023 for enhancing the pension and the other terminal benefits. Since there is no response from the authorities, the present writ petition has been filed.

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3. Considering the above said facts, the respondents herein are directed to confer the said benefits arising out of the 12(3) settlement, dated 24.08.2022 with interest at the rate of 6% per annum from the due date till the date of realization within a period of twelve (12) weeks from the date of receipt of copy of this order.

4. With the above said observations, this Writ Petition stands disposed of. No costs.

10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanniyakumari District.

2.The Administrator, The Tamil Nadu State Transport Employee Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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