Disposed

N.Mehrullah, v. the Managing Director

Madras HC9 Dec 2024WP/36534/2024

Case brief

AI extract

What is this about?

Petitioner, a retired Special Grade Driver, sought a writ of mandamus directing respondents to revise wages and pay arrears, leave salary, and gratuity differences under the 13th wage settlement. The High Court disposed of the petition directing payment with interest.

What did the court decide?

Directions to pay eligible amount with 6% per annum interest payable within six weeks, with 12% penalty interest for delay in realization.

N.Mehrullah, Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.36534 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.No.36534 of 2024

N.Mehrullah

... Petitioner

Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupram – 605 602.

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2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vellore Region, Rangapuram, Vellore – 632 009. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to revise the petitioner's wages with effect 01.09.2016 based on the 13^th wage settlement dated 04.01.2018 and pay him the arrears of wages payable from 01.09.2016 to 31.05.2017, difference in Leave Salary and Gratuity along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Hon'ble Court.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.36534 of 2024

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For Petitioner : Mr.J.Lakshminarayanan For R1 & R2 : Mr.R.Venkatesa Perumal

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O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the difference in leave salary and gratuity based on the 13th wage settlement dated 04.01.2018 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.

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Heard Mr.J.Lakshminarayanan, learned counsel appearing for

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petitioner and Mr.R.Venkatesa Perumal, learned counsel appearing for the respondents 1 and 2 .

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The case of the petitioner is that he was working as a Special

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Grade Driver in the 1^st respondent Corporation and retired from service on 31.05.2017.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.36534 of 2024

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The grievance of the petitioner is that 13^th wage settlement was

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reached belatedly and it was also extended to retired employees. However,

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the terminal benefits of the petitioner was not settled as per 13^th wage settlement. According to the petitioner, he is entitled to get difference in Leave Salary and Gratuity. However, this was not settled in spite of various representations made by the petitioner. It is under these circumstances, the present writ petition has been filed before this Court.

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Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the respondents Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of six weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.36534 of 2024

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The petitioner is directed to submit a fresh representation to the respondents 1 and 2 along with a copy of this order.

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This writ petition is disposed of with the above directions. No

costs.

09.12.2024 (2/2)

dpa

Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

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1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupram – 605 602.

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2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd. Vellore Region, Rangapuram, Vellore – 632 009.

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https://www.mhc.tn.gov.in/judis

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Page 4 of 5

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W.P.No.36534 of 2024

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MUMMINENI SUDHEER KUMAR, J.

dpa

W.P.No.36534 of 2024

09.12.2024

(2/2)

Page 5 of 5

https://www.mhc.tn.gov.in/judis

N.Mehrullah, v. the Managing Director

Case brief

What is this about?

What did the court decide?

N.Mehrullah, v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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