T.Thangadurai v. The Management of

O R D E R This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to revise / re-fix the scale of pay of the petitioner with effect from 01.09.2019 to till his retirement, based on the wage settlement dated 24.08.2022 and consequently to pay him difference / arrears of wages for the period from

01.09.2019 to 30.09.2021 and also terminal benefits namely, Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18% interest per annum. The petitioner had given a representation dated

03.01.2025 in this regard.

2.In the affidavit filed in support of this Writ Petition, it has been contended that the petitioner joined the service of the respondent on

01.04.1989 and retired upon attaining the age of superannuation on

30.09.2021. It has further been contended that the terminal benefits, based on the salary, were paid to the petitioner. Subsequently, the 14th Wage Settlement was reached on 24.08.2022, with the wage revision effective from 01.09.2019 and the monetary benefits being implemented from 01.01.2022. As per the Wage Settlement, the petitioner is entitled to the benefits therein. However, these benefits have yet to be provided. It has also been stated that the petitioner sent a representation seeking revision of the pay scale in accordance with the 14th Wage Settlement dated 24.08.2022. Therefore, the petitioner claims entitlement to the revision of the pay scale, as well as the difference in leave salary, gratuity, pension arrears, etc. The present Writ Petition has been filed seeking payment of these amounts, along with interest.

3.Heard Mr.V.Ajoy Khose, learned counsel for the petitioner and Mr.C.Gowthamaraj, learned Standing Counsel for the respondent.

4.Taking into consideration the facts and circumstances of the case, a direction is given to the respondent to determine the eligible benefits payable to the petitioner and after determining that particular amount, pay the same together with interest at the rate of 6% per annum from the date on which the petitioner had retired from service till the date of actual disbursement of the amount.

5.With the above directions, this Writ Petition stands disposed of. No costs.

13.03.2025 (1/2) Index : Yes / No : Yes / No Speaking Order : Yes / No TK

To The Managing Director The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore.

C.V.KARTHIKEYAN, J. TK

13.03.2025 (1/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2025 CORAM THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN T.Thangadurai S/o.Thangaiah 2/1992, Desapitha Mahathmaganthi Nagar, Suleswaranpatti Post, Pollachi, Coimbatore District. ... Petitioner VS. The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. By its Managing Director Coimbatore. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to revise / re-fix the scale of pay of the petitioner w.e.f. 01.09.19 to till his retirement, based on the wage settlement dated 24.08.22 and consequently to pay him difference / arrears of wages for the period from 01.09.19 to 30.09.21 and also terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18% interest per annum. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.C.Gowthamaraj Standing Counsel