M.Devadoss (Fc0436), v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.2384 of 2020 M.Devadoss ...
Petitioner Vs.
1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvallurvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondent management, i. to pay the Earned Leave Surrender for the year 2009 and 2010 ii. to pay the difference in payment of salary from March 2014 to July 2015 based on the revised scale of pay for the post of Senior Checking Inspector;
iii. to pay the difference in payment of Gratuity, Leave Salary and
commutation by computing the last drawn salary as Rs.41,676/- based on the revised scale of pay and, iv. to pay the difference in payment of pension from the month of August 2015 to November 2019 based on the revised dearness allowances periodically.
For Petitioner :
Mr.G.Pugazhenthi For Respondents :
Mr.R.Babu Standing Counsel
ORDER
The petitioner joined the service as conductor in the respondent Corporation on 01.09.1982 and subsequently promoted to various levels and retired from service as Senior Checking Inspector on 31.07.2015 on attaining the age of superannuation. The petitioner's scale of pay was revised in the post of Senior Checking Inspector with Rs.14,730/- basic along with Rs.4,300/- Grade Pay, in accordance with the Wage Settlement arrived under Section 12 (3) of the Industrial Disputes Act, 1947. However, the petitioner's basic pay was fixed at Rs.14,680/- along with Grade Pay of Rs.2,600/- without any further increase. Hence, the petitioner has claimed to disburse the difference in the Salary, Gratuity, Pension and Commutation along with interest.
2. Mr.G.Pugazhenthi, learned counsel for the petitioner submitted that the Fifth Review Award was passed on 01.11.2012 and in view of that,
the scale of pay of the Senior Checking Inspector was revised as Rs.930034800 and Rs.4300/- Grade pay. Since the increment was not effected, the petitioner got less salary and less retirement benefits and that he is entitled to get arrears along with attendant benefits. Hence the petitioner filed the present Writ petition.
3. Mr.R.Babu, learned Standing Counsel appearing for the 1st Respondent submitted that in pursuant to the Wage Settlement arrived on 13.04.2015, the Government had issued G.O.(Ms).No.61, Transport (C1) Department, dated 30.04.2015 and in view of the same, the employees of the State Transport Corporation has been given with a Pay raise. The petitioner has been given with all benefits as per Wage Settlement dated 13.04.2015 and hence he is not entitled for enhancement of any pay.
4. On perusal of records, it is seen that the arrears claimed by the petitioner is as detailed under:
S.
No.
Details Revised Paid Balance Amount Gratuity 793447 700730 92717 Salary 203811 203811
S.
No.
Details Revised Paid Balance Amount Pension 1026872 839384 187488 Leave Salary 23802 21057 Commutation 318634 289302 29332 E.L. Surrender Amount 15755 15755 Total 346776
5. The respondent Corporation granted Terminal benefits to the petitioner as detailed below:
S.
No.
Terminal benefit details Amount Rs.
Cheque No. / ECS Date of Payment Gratuity 700730 ECS 23.05.2017 Gratuity Interest 52555 ECS 27.06.2018 Provident Fund 289237 (3 Instalments) ECS 04.12.2017 Provident Fund Interest 23139 ECS 27.06.2018 Commutation 289302 (3 Instalments) ECS 16.10.2017 Commutation Interest 37855 ECS 27.06.2018 Leave Liability 21057 (2 Instalments) ECS 16.10.2017 Leave Liability Interest ECS 18.09.2018 Leave surrender 15757 To be paid
S.
No.
Terminal benefit details Amount Rs.
Cheque No. / ECS Date of Payment Social Welfare FundSWF 70802 789093 01.11.2016 Institute of Road transport and Technology Refund ECS 28.02.2023
6. According to the above details, it is clear that leave surrender alone has to be paid to the petitioner and there is no arrears of pay or enhancement in other heads as claimed by the petitioner.
7. Though the petitioner has given representation to the respondents by claiming arrears, the respondents have not passed any orders so far. Unless any orders passed on the representation of the petitioner, it may not be possible for the petitioner to get any clarification in accordance with the Settlement arrived from time to time.
8. Hence, the respondents are directed to consider the representation of the petitioner, dated 09.12.2019 and pass appropriate orders on merits and in accordance with law and also settle the dues in respect of leave surrender, within a period of four weeks from the date of receipt of a copy
of this order.
9. With the above direction, this Writ Petition is allowed. No costs. 03.01.2024 Index: Yes / No Speaking order / Non-speaking order vum To:
1 The Principal Secretary to Government, Department of School Education, Fort St. George, Chennai- 600 009.
2 The Commissioner of Education, D.P.I.Complex, College Road, Chennai- 600 006.
3 The Director of School Education, D.P.I. Complex, College Road, Chennai- 600 006.
4 The Chief Educational Officer, Perambalur.
5 The Principal Accountant General of Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai- 600 018.
6 The Secretary and Correspondent, Nehru Higher Secondary School, Eraiyur, Perambalur District.
R.N.MANJULA ,J.
vum
W.P. No.2384 of 2020 03.01.2024 (1/3)