K.Bhumiswor Dhakal Vs the Management of

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondent to pay the petitioner the difference/arrears of terminal benefits namely Gratuity and Encashment of Leave after revising the same, based on the scale of pay payable to him on the month of his retirement, as admitted by the Respondent in the RTI information dated 20.02.26

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together with 18 percent interest per annum within a time frame as may be fixed by this Court.

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For Petitioner(s): Mr. R. Krishnaswamy

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For Respondent(s): Mr. M. Murali Vinodh

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Standing Counsel

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ORDER

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This Writ Petition has been filed seeking a direction to the respondent to pay to the petitioner the difference/arrears of terminal benefits, namely gratuity and encashment of leave, after revising the same based on the scale of pay payable to him in the month of his retirement, as admitted by the respondent in the RTI information dated 20.02.2026, together with interest at the rate of 18% per annum, within a time frame to be fixed by this Court.

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The petitioner was working as Security Guard in the respondent Corporation and retired from service on 30.06.2022 prior to the wage settlement entered into a settlement under Section 12(3) of the Industrial Disputes Act, 1947, dated 29.05.2025, which was given retrospective effect from 01.09.2019. As per the said settlement, the petitioner is

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entitled to revision of pay and consequential terminal benefits such as gratuity and encashment of leave with effect from 01.09.2023. However, the said benefits have not been extended to the petitioner. Though the petitioner submitted a representation dated 12.03.2026 in this regard to the respondents, the same has not been considered. Therefore, the petitioner has come up with the present Writ Petition.

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The learned Standing Counsel for the respondent would fairly

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submit that they are willing to pay the applicable differential amount of leave salary, gratuity and pension arrears in accordance with the 15^th Wage Settlement dated 29.05.2025 together with interest at the rate of 6% per annum.

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Heard the learned counsel appearing for the petitioner and the

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learned standing counsel appearing for the respondent corporation.

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In view of the above submission of the learned Standing Counsel appearing on behalf of respondent, this Court deems it appropriate to direct the respondent to pay the applicable differential amount of leave salary, gratuity and pension arrears to the petitioner, in accordance with the 15^th Wage Settlement dated 29.05.2025, together with interest at the rate of 6% per annum, within a period of six weeks from the date of receipt of a copy of this order.

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