K.Pandian Vs The Managing Director

PRAYER:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus , directing the respondents to pay the petitioner one month difference in salary for the month of September 2017 as per revised pay with interest for the belated payment of commutation amount of Rs.4,88,917/- for 40 months and difference in leave salary amount of Rs.48,441/- with interest award costs.

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For Petitioner(s) : Mr.S.T.Varadarajulu For Respondent(s): M/s.S.Pavithra, Standing Counsel (for R1) Mr.C.S.K.Satish, Standing Counsel (for R2)

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Page No.1/4

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

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WP No.1460 of 2022

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ORDER

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The writ petition on hand has been filed for the following relief:

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“praying for issuance of a writ of Mandamus, directing the respondents to pay the petitioner one month difference in salary for the month of September 2017 as per revised pay with interest for the belated payment of commutation amount of Rs.4,88,917/- for 40 months and difference in leave salary amount of Rs.48,441/- with interest award costs.”

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2.The case of the petitioner is that he was appointed as Technical Trainee in the respondent corporation on 14.11.1981 and he retired from service on 30.09.2017 as Foreman, on attaining the age of superannuation. It is the grievance of the petitioner that the respondents have not settled the revised/terminal benefits such as difference in leave salary and interest for the belated payment of commutation amount to the petitioner. The petitioner had also submitted his representation dated 25.11.2021, to the respondents, seeking revised service/terminal benefits, with interest, but the same has not been considered by the respondents to date. Hence, this present writ petition has been filed.

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3.Learned Standing Counsel for respondents fairly conceded that the petitioner is entitled to revised pay as per the terms of 12(3) Settlement, arrived

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Page No.2/4

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

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WP No.1460 of 2022

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at on 04.01.2018 and that they are willing to pay the same with interest at the rate of 6% per annum for the belated payment on the eligible and admissible amount, to the petitioner.

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4.Heard learned counsel for both the sides and also perused the records.

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5.In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondents to pay the eligible and admissible amount with interest at the rate 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, to the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order.

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