K.Chitra v. The Managing Director

ORDER The present writ petition has been filed seeking direction to the respondents to disburse the difference amount of Gratuity, Surrender Leave, Provident Fund, Pensions Arrears of the petitioner's husband and to revise Pensions on the basis of 12(3) Settlement dated 24.08.2022 along with 6% interest.

¶2The petitioner's husband was appointed in the respondent corporation as Helper on 29.06.1990. After completing 32 years of service, he died on

30.05.2022 .

¶3Heard the learned counsel on either side.

¶4Subsequently, settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from

01.09.2019. Therefore, the petitioner's husband was also entitled to the benefit under the said settlement dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner's husband is entitled to not only the difference in benefits but also interest thereon.

¶5This stand of the petitioner cannot be disputed. I therefore direct the respondent corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the death of the petitioner's husband till the date of payment.

¶6The Writ Petition is allowed. No costs.

05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001.

L.VICTORIA GOWRI, J.

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05.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Chitra ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam-612 001. ... 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 disburse the petitioner's difference amount of Gratuity, Surrender Leave, Provident Fund, Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement dated 24.08.2022 along with 6% interest. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jegadesh Balan Standing Counsel