P.Rajaiyan v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Rajaiyan ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

3.The Administrator, The Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to revise petitioner's scale of pay with effect from 01.09.2019 based on the new wage settlement dated 24.08.2022 and consequently to pay the petitioner difference / arrears of wages for the period from 01.09.2019 to 31.05.2022 and also the difference in petitioner's terminal benefits, namely Gratuity, Encashment of Leave and difference / arrear in pension after revising the same based on such re-fixed scale of pay payable to the petitioner on the month of the petitioner's retirement, together with 18% interest per annum within a time frame as may be fixed by this Court and pass any such other further orders. For Petitioner : Mr.S.Vashik Ali For R-1 & R-2 : Mr.D.Jebaraj Standing Counsel For R-3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The instant writ petition has been filed by a retired employee of the respondent Transport Corporation seeking the benefits under the 14th wage settlement, dated 24.08.2022.

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2. According to the learned Counsel appearing for the writ petitioner, though he had retired from service on 31.05.2022, the 14th wage settlement is applicable to all those employees, who are in service on 01.09.2019. Seeking the said benefits, the petitioner has sent a representation on 11.11.2024 and since there is no response, the present writ petition has been filed.

3. Considering the above said facts, the respondents herein are directed to disburse the eligible benefits to the writ petitioner with 6% interest from the due date till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Nagercoil Region, Ranithottam, Nagercoil.

3.The Administrator, The Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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R.VIJAYAKUMAR, J.

BTR 02.12.2024 5/5