S.Gunasekaran v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.30082 of 2024 S.Gunasekaran ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kovai) Limited, Represented by its Managing Director, Coimbatore.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to pay the petitioner the difference/arrears of wages for the period from 01.09.2019 to 31.10.2021 and also terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him on the month of his retirement, as admitted by the respondent in the RTI information dated 15.05.2024, together with 18% interest per annum, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

O R D E R

The present Writ Petition has been filed by a retired "Special Grade Conductor" of the respondent Transport Corporation, who applied for voluntary retirement on 31.10.2021, seeking a Mandamus to revise the wages based upon the 14th wage settlement, dated 24.08.2022.

2. According to the learned counsel appearing for the writ petitioner, the petitioner had obtained voluntary retirement before 24.08.2022. As per the wage settlement, the benefits will be conferred upon all those employees who were in service on 01.09.2019. However, the said benefits have not been conferred upon the writ petitioner. The petitioner has also sent a representation to the respondent herein on 23.08.2024 for conferment of the said benefits. Since the representation has not been considered, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 2/4

4. Considering the above said facts, the respondent herein is directed to confer the eligible benefits upon the writ petitioner along with interest at the rate of 6% p.a., 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.

13.12.2024 NCC : Yes/No 1/3 Index : Yes / No Internet : Yes / No ebsi To The Managing Director, Tamil Nadu State Transport Corporation (Kovai) Limited, Coimbatore.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.30082 of 2024 13.12.2024 1/3 4/4