Madras High CourtWP/195/2020disposed of

K. Ramasamy (Cr2497), v. The Managing Director,

2020-01-07Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.195 of 2020 K.Ramasamy

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvallur House, Pallavan Salai, Chennai 600 002 ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pay the arrears of retirement benefits such as Social Welfare Fund, the Earned Leave Benefit and the IRTT refund with interest and to pay the differential arrears of Gratuity based on the revised dearness allowance of at the rate of 7% as on 31.03.2018 as per G.O.Ms.No.123 dated11.04.2018 issued by Finance Department, Government of Tamil Nadu and to pay the differential arrears of Pension based on the revised dearness allowances periodically as per the orders of the Government of Tamil Nadu and to pay the interest for the delayed payment of retirement benefits. For Petitioner : Mr.A.Nagarathinam For Respondents : Mr.D.Raghu Standing Counsel

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to settle the salary and allowance of the petitioner including the retirement benefits with interest.

1/3

The case of the petitioner is that he entered the service of the respondent corporation as a conductor in the year 1989 and he was promoted as a Senior Conductor. According to the petitioner, there was a revision in the dearness allowance at the rate of 7% by virtue of G.O.Ms.No.123 dated 11.04.2018 with effect from 01.01.2018. The petitioner retired from service on attaining superannuation on 31.03.2018.

The grievance of the petitioner is that he was not paid with the arrears on the revised dearness allowance and consequential arrears of pension and other retirement benefits along with interest for the delayed payments. The petitioner has made a representation on 23.11. 2019 in this regard to the respondents and since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 23.11.2019 and pass orders strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with the copy of the representation dated 23.11.2019 and also a copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka 2/3

TO:

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem - 636 007.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvallur House, Pallavan Salai, Chennai 600 002 +1cc to Mr.D.Raghu, Advocate sr.1265 +1cc to Mr.A.Nagarathinam, Advocate sr.1402 W.P.No.195 of 2020 vgii(co) nr 21/02/2020 3/3