S.Elumalai v. The Managing Director

O R D E R The writ petition is filed for the relief set out below: "directing the respondents to disburse the differential sum of Gratuity and Leave Encashment benefits to the petitioner based on Dearness Allowance revision with effect from 01.07.2024 with interest at the rate of 9% per annum from the said date of entitlement to till the date of actual disbursement within a time limit."

¶2It is the case of the petitioner that at the time of retirement, he was working as "Special Grade Conductor" in the Respondent Corporation. It is the contention of the petitioner that the Dearness Allowance was revised from 50% to 53% of basic pay. He further submits that retirement benefits were also to be disbursed taking note of the said revision in Dearness Allowance. However, the said increase of 3% was not taken into consideration while calculation his retirement benefits.

¶3The petitioner had made a representation to the respondent to pay him the differential payment with interest. However, the same had not been considered to date by the respondents. Hence, the petitioner is before this Court.

¶4Heard the learned Counsel on either side and perused the records.

¶5Considering the limited request of the petitioner and taking note of the fact that the petitioner's representation has not been considered to date by the Respondents, a mandamus, is therefore, issued to the respondents to pay the differential sum of Gratuity and Leave Encashment benefits to the petitioner based on Dearness Allowances revision with effect from 01.07.2024 at the rate of 6% instead of 9% per annum as claimed for, from the said date of entitlement to till the date of actual disbursement within a period of one month from the date of receipt of a copy of this order.

¶6Accordingly, this Writ Petition is allowed. There shall be no order as to costs.

25.03.2026 ds Index : Yes/No

Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To

¶1The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram – 605 602.

¶2The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region Rangapuram, Vellore – 632 009. P.T.ASHA J. ds

25.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.03.2026 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA S.Elumalai Pay Roll No.70242 & PPO No.4655) S/o.Srinivasan ...Petitioner Vs. 1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Villupuram – 605 602. 2. The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region Rangapuram, Vellore – 632 009. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to disburse the differential sum of Gratuity and Leave Encashment benefits to the petitioner based on Dearness Allowance revision with effect from 01.07.2024 with interest at the rate of 9% per annum from the said date of entitlement to till the date of actual disbursement within a time limit. For Petitioner : Mr.P.Manoj Kumar For Respondents : Ms.S.Pavithra Standing Counsel *****