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Madras High CourtWP/673/2019disposed of

Oyvu Petra Pokkuvarathuk v. The Additional Chief Secretary

2019-09-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.673 of 2019 Oyvu Petra Pokkuvarathuk Kalzhaka Paniyalarkalin Pothu Nala Sangam By its President ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Administrator, TNSTC Employees Pension Fund Trust, SETC Office Complex, 2 Pallavan Salai, Chennai - 600 002.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent herein to consider the representation dated 09.10.2018 made by the Petitioner Association and issue necessary directions to the 2nd respondent to revise the pension of the pensioners for the grade pay increased in the year 2010 and also revise the pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and also sanction increased Dearness Allowance for the period from 1/1/2016 to till date along with arrears at 9% as being paid to the employees on role.

For Petitioner : Mr.S.Balasubramanian For Respondents : Ms.Rajani Ramadoss

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the first respondent herein to consider the representation dated 09.10.2018 made by the petitioner Association and issue

necessary directions to the second respondent to revise the pension of the pensioners for the grade pay increased in the year 2010 and also to revise the pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and also to sanction increased Dearness Allowance for the period from 01.01.2016 to till date, along with arrears at the rate of 9% as being paid to the employees on role.

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

3.The case of the petitioner Association is that the Association made representations dated 09.10.2018 and 22.11.2018 to the respondents seeking revision of pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and to sanction increased dearness allowance. Since the same have not been considered till date, the petitioner Association has filed this writ petition.

4.The learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 09.10.2018 and 22.11.2018 and to pass appropriate orders, within a reasonable time frame. 5.Considering the facts and circumstances of the case, I am inclined to issue direction to the respondents to consider the petitioner's representations dated 09.10.2018 and 22.11.2018, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar pri To 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Administrator, TNSTC Employees Pension Fund Trust, SETC Office Complex, 2 Pallavan Salai, Chennai - 600 002.

+1cc to Mr.S.Balasubramanian , Advocate SR.No. 80414 +1cc to Ms.Rajani Ramadoss , Advocate SR.No. 80684 +1 cc to Government Pleader Sr.No. 80759 W.P.No.673 of 2019 A.SK(23/10/2019)