K.Shanmugavel, Vs The Management of Tamil Nadu State… — Writ and Judicial Review | Madras HC (2025)

K.Shanmugavel, Vs The Management of Tamil Nadu State… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent to release the eligible benefits (per the prayer: difference/arrears of Gratuity and Leave Encashment consequent on refixation of pay w.e.f 01.09.2016) together with 6% interest from the due date till the date of disbursement, within 12 weeks; writ petition disposed of with no costs. The prayer for 18% interest per annum was not granted as such.

Issue for consideration

Whether the respondent is to revise / refix the petitioner's scale of pay w.e.f 01.09.2016 till his retirement based on the wage settlement dated 04.01.2018, and to pay the difference / arrears of terminal benefits (Gratuity and Encashment of Leave) so arising, with interest.

Court's answer

Treating the matter as covered by this Court's earlier order in W.P(MD)No.20522 of 2025 dated 29.07.2025 (relied on by petitioner's counsel and not disputed by the respondent), the Court proceeded to direct the respondent to release the eligible benefits.

Ratio / Principle

The respondent was directed to release the eligible benefits to the petitioner together with 6% interest from the due date till the date of disbursement, within a period of 12 weeks from receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition under Article 226 — Writ of Mandamus — Pay revision/refixation — Petitioner, a retired employee, sought refixation of his scale of pay w.e.f 01.09.2016 till retirement based on the wage settlement dated 04.01.2018, with consequential payment of difference/arrears of terminal benefits (Gratuity and Encashment of Leave) and 18% interest. Held: the issue is covered by the earlier order of this Court in W.P(MD)No.20522 of 2025 dated 29.07.2025, on which reliance was placed by petitioner's counsel and which the respondent's Standing Counsel did not dispute. Respondent directed to release the eligible benefits with 6% interest from the due date till the date of disbursement, within 12 weeks. Writ petition disposed of; no costs. (K. Kumaresh Babu, J.)

W.P.(MD).No.23586 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD)No.23586 of 2025

K.Shanmugavel ...Petitioner

Vs

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Karur Region, Rep by its Managing Director, Karur.

... Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondent to revise / refix the scale of pay of the petitioner w.e.f 01.09.2016 to till his retirement, based on the wage settlement dated 04.01.2018 and consequently to pay him difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such refixed scale of pay payable to him on the month of his retirement, together with 18 percent interest per annum, within a time frame as may be fixed by this court.

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W.P.(MD).No.23586 of 2025

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.S.C.Herold Singh Standing Counsel

O R D E R

Mr.S.C.Herold Singh, learned Standing Counsel takes notice for the respondent.

The present Writ Petition has been filed for a writ of Mandamus

to direct the respondent to revise / refix the scale of pay of the petitioner w.e.f 01.09.2016 to till his retirement, based on the wage settlement dated 04.01.2018 and consequently to pay him difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such refixed scale of pay payable to him on the month of his retirement, together with 18 percent interest per annum.

The learned counsel for the petitioner submits that the issue raised in this writ petition is covered by an earlier order passed by this Court and has placed reliance on the order made in W.P(MD)No.20522 of 2025 dated 29.07.2025.

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W.P.(MD).No.23586 of 2025

The learned Standing Counsel for the respondent also does not dispute the said fact.

In view of the same, the respondent is directed to release the eligible benefits to the petitioner together with 6% interest from the due date till the date of disbursement, within a period of 12 weeks from the date of receipt of a copy of this order.

The writ petition stands disposed of. No costs.

01.09.2025

NCC:yes/no Index:yes/no Internet:yes/no Sn

To:

The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Karur Region, Karur.

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

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W.P.(MD).No.23586 of 2025

K.KUMARESH BABU, J.

Sn

W.P.(MD).No.23586 of 2025

01.09.2025

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

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