Mahalingam.S 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 salary from September 2019 to 31.10.2022 on the basis of 12(3) Settlement, dated

24.08.2022 along with 6% interest.

¶2The petitioner was retired from service as Selection Grade Conductor in the respondent corporation on 31.10.2022 on attaining the age of superannuation.

¶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 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 the petitioner's difference amount of salary from September 2019 to 31.10.2022. 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 form the date of the petitioner's retirement till the date of payment.

¶6The Writ Petition is allowed. No costs.

11.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

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

L.VICTORIA GOWRI, J.

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2.The General Manager, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

11.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Mahalingam ... Petitioner Vs. 1.The Managing Director, New Railway Station Road, Kumbakonam-612 001. 2.The General Manager, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District. ... 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 salary from September 2019 to 31.10.2022 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