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M.Kandasamy v. the Managing Director

Madras HC6 Aug 2025WP/29042/2025

Case brief

AI extract

What is this about?

Madras High Court W.P. No.29042 of 2025 C.Kumarappan J mandamus Article 226 Tamil Nadu State Transport Corporation Salem Dharmapuri pension gratuity commutation leave encashment DA arrear 14th Wage Settlement 24.08.2022 representation 28.10.2024 6% interest date of retirement till disbursal eight weeks consider representation disposed no costs retirement benefits conductor

What did the court decide?

Writ petition disposed of with directions to the 1st respondent to (i) consider the petitioner's representation dated 28.10.2024 and pass orders on its own merits and in accordance with law within eight weeks from receipt of copy of the order, and (ii) if the petitioner is eligible for any amount, pay the same along with interest at 6% per annum from the date of retirement till the date of disbursal. No costs. ¶36

M.Kandasamy Vs the Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear computed by taking note of the 14th Wage Settlement dated 24.08.2022, along with interest at the rate of 6%.

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Court's answer

Without going into the merits of the writ petition, the Court directed the 1st respondent to consider the petitioner's representation dated 28.10.2024 and pass orders on its own merits and in accordance with law, within a period of eight weeks from receipt of a copy of the order.

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Ratio / Principle

If the petitioner is found eligible for any amount, the 1st respondent is directed to pay the same along with interest at the rate of 6% per annum from the date of retirement till the date of disbursal.

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Detailed headnote1 paragraphs

Writ Petition (Article 226) by a retired Selection Grade Senior Conductor (retired 29.02.2020) of Tamil Nadu State Transport Corporation (Salem) Limited seeking mandamus for payment of differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear by taking note of the 14th Wage Settlement dated 24.08.2022, with interest at 6%. The petitioner's representation dated 28.10.2024 to the 1st respondent was pending. Without going into the merits, the Madras High Court directed the 1st respondent to consider the representation and pass orders on its own merits and in accordance with law within eight weeks, and, if the petitioner is found eligible, to pay the amount with interest at 6% per annum from the date of retirement till disbursal. Writ petition disposed of. No costs.

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W.P.No.29042 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.29042 of 2025

M.Kandasamy

... Petitioner

Vs.

1.The Managing Director,

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Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai,

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Salem-636 007.

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2.The General Manager,

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Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.

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3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to Pay the differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear amount by taking note of 14^th Wage Settlement dated

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

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W.P.No.29042 of 2025

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24.08.2022 along with interest at the rate of 6% within the stipulated time as may be fixed by this Court.

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For Petitioner : Mr.J.Pradeep For R1 and R2 : Mr.K.Raja, Standing Counsel For R3 : Mr.C.S.K.Sathish, Standing Counsel

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O R D E R

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By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

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The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to Pay the differential Gratuity, Pension Commutation, leave encashment, D.A arrear and pension arrear amount by taking note of 14^th Wage Settlement dated 24.08.2022 along with interest at the rate of 6% within the stipulated time as may be fixed by this Court.

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Heard the learned counsel for both sides and perused the materials available on record.

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

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W.P.No.29042 of 2025

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The learned counsel for the petitioner would submit that the petitioner has joined in the services of the Respondents-Transport Corporation as Conductor and on attaining the age of superannuation, he retired from service on 29.02.2020 as Selection Grade Senior Conductor. The learned counsel for the petitioner would submit that the petitioner is entitled for difference in pay according to the 14^th Wage Settlement. In this connection, he has sent a representation to the 1^st respondent on 28.10.2024 and such representation is pending with the 1^st respondent. Since the same was not considered by the 1^st respondent, the present Writ Petition has been filed.

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At this juncture, the learned Standing Counsel appearing for the respondents 1 and 2 would submit that they will consider the petitioner's representation and the petitioner is otherwise eligible, they will pay the eligible amount, within a reasonable time.

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In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the 1^st respondent to consider the petitioner's representation dated 28.10.2024 and pass orders on

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

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W.P.No.29042 of 2025

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it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. If the petitioner is eligible for any amount, the 1^st respondent is directed to pay the same along with interest at the rate of 6% per annum from the date of retirement till the date of disbursal.

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