M.Ramu v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29087 of 2024 M.Ramu, ... Petitioner Vs
1. The Government of Tamil Nadu, Rep. by its Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirapalli District.
... 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 re-calculate the petitioner's retirement benefits such as Gratuity and Earned 1/5
Leave and sanction the balance amount of Gratuity and Earned Leave Salary at the rate of 34% Dearness Allowance along with 6% interest per annum to the petitioner within the time limit that may be fixed by this Court. For Petitioner : Mr.N.Sudhagar Nagaraj For R1 : Mr. A.Baskaran, Additional Government Pleader For R2 and R3 : Mr. K.Jagadeesbalan Standing Counsel
O R D E R
Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 and 3.
2. The petitioner herein is a retired employee of the respondent Transport Corporation seeking to re-calculate the terminal benefits. At the time of retirement, the terminal benefits were computed by taking into consideration the dearness allowance as 31% instead of 34 %.
3. There is no dispute that an error in computation had taken place. 2/5
4. In view of the above said facts, the respondents are directed to recalculate the petitioner's terminal benefits by taking his dearness allowance as 34 %. The differential amount shall be paid to the writ petitioner along with interest at the rate of 6% per annum, from the due date till the date of disbursement, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
04.12.2024 NCC : Yes/No 4/7 Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Secretary, Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichirapalli District.
4/5
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.29087 of 2024 04.12.2024 4/7 5/5