S.Annadurai, 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 revise the wages of the petitioner for the month of April, 2023 by taking note of the enhanced rate of dearness allowance as ordered / fixed in the G.O.(Ms).No.142, Finance (Allowances) Department, dated 17.05.2023 and consequently to pay him arrears/balance of wages for the month of April, 2023 and also Gratuity and Encashment of Earned/Sick leaves after revising/re-calculating those terminal benefits, based on such wages payable to him on the month of his retirement i.e., April, 2023, together with 18 percent interest p.a within a time frame as may be fixed by this court.

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

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

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WP(MD)No.2643 of 2026

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ORDER

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The petitioner / a retired employee of the respondent transport corporation with a grievance that he has not been provided with enhanced dearness allowance form the month of April 2023 as per the government order in G.O.(Ms).No.142, Finance (Allowances) Department, dated 17.05.2023, has filed this writ petition.

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The petitioner has also sought for a direction to pay the arrears / balance of wages for the month of April, 2023 and the gratuity based on the revised scale of pay.

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2.The learned counsel appearing for the petitioner by relying on the orders of this court dated 29.09.2022 passed in WP(MD)No.20142 of 2022 submits that the government enhanced the dearness allowance from the month of July 2018 vide G.O.Ms.No.151, Finance (Allowances) Department dated 20.05.2019. However some of the employees have not been provided with the same. Therefore, an employee has approached this court and this court by order dated 29.09.2022 allowed the said writ petition with a direction to the respondent therein to provide eligible amount payable to the said employee together with interest within a stipulated time. Therefore, the learned counsel submits that the petitioner has not been provided with enhanced dearness allowance as per G.O.(Ms).No.142, Finance (Allowances) Department, dated 17.05.2023 and hence, a direction may be issued to the respondent to provide the same to the petitioner.

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

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WP(MD)No.2643 of 2026

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3.The learned standing counsel appearing for the respondent seeks a short accommodation to file a counter.

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4.This court has considered the rival submissions made and perused the materials placed on record.

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5.The petitioner claims that he has not been provided with the dearness allowance enhanced by the government vide G.O.(Ms).No.142, Finance (Allowances) Department, dated 17.05.2023. In the event if the petitioner has not been provided with the benefits, the respondent shall consider and pay the eligible amount as per the aforesaid government order within a period of three months from the date of receipt of a copy of this order. The petitioner is entitled for consequential benefits, if any, and the benefits paid belatedly shall carry interest of 6% per annum.

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The writ petition is disposed of in the above terms. No costs.

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12.02.2026

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NCC : Yes/No Index : Yes/No Internet:Yes DSK

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

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WP(MD)No.2643 of 2026