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2025 DAILYLAW 106734 (MAD)

K.KUMARAVADIVEL STAFF NO.J09439 v. THE MANAGING DIRECTOR

WP/37191/2025 · 2025-10-07

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

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W.P. No.37191 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.10.2025 CORAM: THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA W.P. No.37191 of 2025 K. Kumaravadivel ... Petitioner vs. 1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore – 43. 2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode – 638 001. 3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to pay the difference / arrears of wages for the period from 01.09.2019 i.e. from date of the effect of the settlement dated 24.08.2022 and also to pay terminal benefits namely Gratuity, Encashment of Leave, Provident Fund, Pension Arrears and to revise pension on the basis of 12(3) settlement dated 24.08.2022 along with https://www.mhc.tn.gov.in/judis W.P. No.37191 of 2025 12% interest p.a., within a time frame. For petitioner : Mr.S.T. Varadarajalu For respondents : Ms.S. Pavithra Standing Counsel - - - - - - ORDER By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. Ms. S. Pavithra, learned Standing counsel takes notice on behalf of the respondents. 2. The relief sought for in this writ petition is a direction to the respondents to pay the difference / arrears of wages for the period from 01.09.2019 i.e. from date of the effect of the settlement dated 24.08.2022 and also to pay terminal benefits viz., Gratuity, Encashment of Leave, Provident Fund, Pension Arrears and to revise pension on the basis of 12(3) settlement dated 24.08.2022 along with 12% interest p.a., within a time frame. 3. The petitioner joined the service of the respondent Corporation and retired from service on attaining the age of superannuation on 31.10.2019. It is the contention of the petitioner that he is entitled to claim difference / arrears of wages as per 12(3) settlement dated 24.08.2022 as well as payment of his terminal benefits. Therefore, he submitted a representation to the respondents https://www.mhc.tn.gov.in/judis W.P. No.37191 of 2025 on 19.07.2025, which evoked no response. Hence, this writ petition has been filed with the aforesaid prayer. 4. Learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the petitioner's representation dated 19.07.2025, within a time frame to be fixed by this Court. 5. Learned Standing Counsel appearing for the respondents would fairly submit that in the light of the directions issued by this Court in W.P. No.40031 of 2024, vide order dated 06.01.2025, the respondents will pay the eligible and admissible amount along with interest at the rate of 6% per annum for the belated payment to the petitioner and therefore, this Court may issue appropriate directions in the above regard. 6. In view of the aforesaid submission made by the learned Standing Counsel for the respondents, without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 19.07.2025 and pay the eligible and admissible amount with interest at the rate https://www.mhc.tn.gov.in/judis W.P. No.37191 of 2025 of 6% per annum for the belated payment of terminal benefits, from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs. No costs. 07.10.2025 Index:Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No vsi2 To 1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore – 43. 2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode – 638 001. 3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2. A.D. JAGADISH CHANDIRA, J. vsi2 https://www.mhc.tn.gov.in/judis W.P. No.37191 of 2025 W.P. No.37191 of 2025 07.10.2025 https://www.mhc.tn.gov.in/judis