Madras High Court
K.Sekar vs The Government Of Tamil Nadu on 9 April, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.10077 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.10077 of 2025
K.Sekar ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Transport Department,
Secretariat,
Chennai - 600 009.
2. The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Kumbakonam,
Thanjavur District.
3. The General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Trichy Region,
Periyamilaguparai,
Tiruchirappalli District.
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W.P.(MD)No.10077 of 2025
4. The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar Illam, Pallavan Salai,
Chennai - 600 002. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondents herein to implement
the 14th Wage Settlement (Paarvai. C1/23053 of 2019), signed under section
12(3) of the I.D. Act dated 24.08.2022 and to re-calculate the retirement
benefits of the petitioner such as difference amount of gratuity, leave salary,
provident fund, commuted value of pension, revised pension for the period from
01.09.2019 to 31.10.2022 (date of retirement) pension arrears and other
retirement benefits and consequently, direct the respondents to pay the
petitioner the difference amount of the same along with interest at the rate of
6% per annum within the time limit stipulated by this Court.
For Petitioner : Mr.Mr.N.Sudhagar Nagaraj
For R-1 to R-3 : Mr.K.Jagadeesh Balan
Standing Counsel
For R-4 : Mr.S.C.Herold Singh
Standing Counsel
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W.P.(MD)No.10077 of 2025
ORDER
The present Writ Petition has been filed by a retired Driving Instructor of the respondent Transport Corporation, seeking a Mandamus, directing the respondents herein to implement the 14th Wage Settlement (Paarvai. C1/23053 of 2019), signed under section 12(3) of the I.D. Act dated 24.08.2022 and to re- calculate the retirement benefits of the petitioner such as difference amount of gratuity, leave salary, provident fund, commuted value of pension, revised pension for the period from 01.09.2019 to 31.10.2022 (date of retirement) pension arrears and other retirement benefits and consequently, to direct the respondents to pay the petitioner the difference amount of the same along with interest at the rate of 6% per annum within the time limit stipulated by this Court.
2. The petitioner was retired from service on 31.05.2022 as Driving Instructor. Subsequent to the petitioner's retirement, settlement was entered between the union and the management on 24.08.2022. However, it was made applicable with effect from 01.09.2019. Therefore, the petitioner is entitled to the said benefit under the settlement, dated 24.08.2022, but the terminal benefits was settled without reference to the terms of the settlement. Requesting the 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:56:26 pm ) W.P.(MD)No.10077 of 2025 respondents to extend the said benefit, the petitioner submitted a representation on 10.02.2025. Aggrieved by the inaction of the respondents in considering the representation to settle the benefits as per the settlement dated 24.08.2022, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
4. On perusal of the facts and circumstances of the case, in our considered view, the issue involved in the writ petition is no longer res-integra.
5. The issue involved in the present writ petition has been dealt with by this Court in W.P(MD)No.8910 of 2024 etc., batch. The relevant portion of the said order is extracted herein under:
“8. Once a particular decision for revising the wages is taken and evolved into an agreement between the parties including the State, as such granting the benefits retrospectively, then at the time of implementing the same, it cannot make any partial denial by passing orders to restrict the benefits. A Government letter cannot over rule the extant rules, when the rules say that the employees are entitled to the benefits immediately after retirement. Hence, without any doubt and in view of the settled legal position, the employees who worked in the Transport Corporation and have retired between 01.09.2019 and 31.07.2022 are entitled to receive the revised monetary benefits from the date on which the revised 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:56:26 pm ) W.P.(MD)No.10077 of 2025 monetary benefits were agreed under the 14th wage revision settlement.
9. As the pension has also been revised under the terms of the 14th wage revision settlement and Rule 15 of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules, the last drawn basic salary shall be the salary to be taken for calculating pensions. As the last drawn salary has been revised in terms of the 14th wage revision settlement, the impugned letter cannot restrict the benefits. The respondents are directed to revise the monetary benefits and the difference in the revised pension which is payable from the date on which the revised monetary benefits were given to the working employees under the 14th wage revision settlement.”
6. As the facts are not disputed by the respondents, this Court by following the order stated supra is inclined to allow the writ petition. Accordingly, the writ petition is allowed with the following direction:
The respondents are directed to pay the difference amounts of the benefits for which the petitioner is legally entitled to as per the 14th wage revision settlement, dated 24.08.2022 with 6% interest per annum to be computed from the date of petitioner's retirement i.e.,31.05.2022 till the date of actual payment within a period of 6 weeks from the date of receipt of a copy of this order.5/7
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7. No costs.
09.04.2025 NCC:yes/no Index:yes/no Internet:yes/no LR To:
1. The Government of Tamil Nadu, Rep. by its Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.
3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Periyamilaguparai, Tiruchirappalli District.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.6/7
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