Madras High Court
WP(MD)/29325/2026 of A.Pothumponnu Vs The Additional Chief Secreta on 12 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 29325 of 2026
CNR:{HCMD011451912026}
A.Pothumponnu
..Petitioner(s)
Vs
1. The Additional Chief Secretary to Government of Tamilnadu Transport Department, Secretariat Chennai - 600 009.Chennai
2. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd Represented by its Managing Director, Kumbakonam.
3. The General Manager
The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.
Pudukkottai Region,
Pudukkottai.
4. The Administrator
The Tamil Nadu Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai - 600 002.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to compute and pay the petitioner, differential amounts in the retirement benefits of her husband Late. S. Annadurai, Special Grade
Conductor in respect of Gratuity, Encashment of Leave Salary, Pension with arrears by extending the benefit of 15th wage revision settlement entered under Section 12(3) of I.D. Act dated 29.05.2025 and also giving her Dearness Allowance on family pension, at the rates on par with serving employees of Transport Corporation and to pay her entire differential payment arrears together with interest from the date of death of her husband to till the date of payment to her within a time frame as may be fixed by this Court.
For Petitioner(s):
Mr A.Rahul
For R1 :
Mr.M.Mahaboob Athiff
Special Government Pleader
For R2 to R4 :
Mr.S.C.Herold Singh
Standing Counsel
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ORDER
By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2. Mr.M.Mahaboob Athiff, learned Special Government Pleader, takes notice for R1. Mr.S.C.Herold Singh, learned counsel, takes notice for R2 to R4.
3. The petitioner’s husband, namely, S.Annadurai, worked as a Conductor (Senior Grade) in the respondents transport corporation. He passed away on 28.03.2025 while in service. The retirement benefits due to him were settled by the respondents. However, the 15th tripartite wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and Trade Unions on 29.05.2025. As per Clause 1 of the terms of settlement, the Management has agreed to revise the wages of the employees who were in service as on 01.09.2023 by revising the pay by 6% of the earlier wages, with effect from 01.09.2023 notionally and monetary benefits with effect from 01.09.2024.
2. Admittedly, the petitioner’s husband was in service as on 01.09.2023 and died while he was in service, on 28.03.2025 and therefore, the petitioner made a representation to the respondents seeking the benefits due to him as per the 15th wage settlement. Alleging inaction, she has filed this writ petition seeking a mandamus directing the respondents to revise her husband’s wages, based on the 15th wage settlement dated 29.05.2025 and to pay the benefits with interest.
3. The learned Standing Counsel takes notice for the respondents 2 to 4 and submitted that as per Clause 37(b) of the settlement u/s.12(3) of the Act dated 29.05.2025, the Management is expected to revise the scale of pay from 01.09.2023 and to calculate the arrears of amount with effect from 01.09.2024 and pay the amount on four quarterly installments. According to him, they would calculate the difference of pay, if any, due to the petitioner’s husband and it would be paid within a reasonable time.
4. This Court paid it's anxious consideration to the rival submissions made on either side and perused the materials placed on record.
5. The 15th wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and the Unions on 29.05.2025. As per Clause 1 of the terms of the settlement, the Management has agreed to revise the wages of the employees, who were in service as on 01.09.2023, by revising the pay by 6% of the earlier wages. Therefore, the monetary benefits would be paid with effect from 01.09.2024 and the arrears if any, would be settled in four quarterly installments.
6. Clause 37(b) of the settlement dated 29.05.2025 reads as under:- “M) ,e;j xg;ge;jj;jpd; %ykhd gzg;gad; epYitj; njhif 01.09.2024 Kjy ; fzf;fplg;gl;L 4 jtizfshf fhyhz;LNjhWk; toq;fg;gLk;.”
7. The petitioner’s husband was in service as a permanent employee of the Transport Corporation as on 01.09.2023 and therefore, he is entitled for the benefits as per this 15th wage settlement. The petitioner’s husband died, while he was in service on 28.03.2025 and he was paid with the retirement benefits as per the earlier wage settlement. The 15th wage settlement provides revision of scale of pay by 6% on the basic pay, for those who were in service as on 01.09.2023, however monetary benefits with effect from 01.09.2024. Therefore, the petitioner’s husband is entitled for the monetary benefits, pursuant to the revision of scale of pay from 01.09.2024 and the consequential retirement benefits.
8. Admittedly, such a revision has not been made till date. Any belated settlement of monetary benefits due to an employee needs to be settled with interest at the rate of 6% per annum. Therefore, this writ petition stands allowed with a direction to the respondent Transport Corporation to revise the pay scale of the petitioner’s husband with effect from 01.09.2023 and provide the monetary benefits with effect from 01.09.2024, as per the 15th wage settlement dated 29.05.2025 and settle the benefits along with arrears to the petitioner within a period of six (6) months from the date of receipt of a copy of this order, with interest @ 6% per annum. The interest shall be calculated for the period beyond
Clause 37(b) of the settlement dated 29.05.2025 till the date of actual payment. There shall be no order as to costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mbi To
1. The Additional Chief Secretary to Government of Tamilnadu Transport Department, Secretariat Chennai - 600 009.Chennai
B.PUGALENDHI, J. mbi WP(MD) No. 29325 of 2026 12-10-2026