Kannusamy .A v. The Managing Director

ORDER The present writ petition has been filed seeking direction to 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.

¶2By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

¶3The petitioner retired as Traffic Inspector in the respondent corporation. He reached the age of superannuation on 31.05.2022.

¶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 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 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 (6) 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 form the date of the petitioner's retirement till the date of payment.

¶6With the above said observation, this Writ Petition stands allowed. There shall be no order as to costs.

21.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To

1.The Managing Director, New Railway Station Road, Kumbakonam-612 001.

L.VICTORIA GOWRI, J.

BTR

2.The General Manager, Nagapattinam Region, Vellipalayam, Nagapattinam-611 001.

21.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Kannusamy ... Petitioner Vs. 1.The Managing Director, New Railway Station Road, Kumbakonam-612 001. 2.The General Manager, Nagapattinam Region, Vellipalayam, Nagapattinam-611 001. ... 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.Ramaiah Standing Counsel