K.Thangamani v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.1373 of 2020 K.Thangamani ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu Employees State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai - 600 002.
3.The Addl. Chief Secretary to Government, Transport Department, St. George's Fort, Chennai - 600 009.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondents to implement the G.O.Ms.No.146, Transport (C) Department, dated 30.11.2015 and to revise the pay scales of the petitioners in the pay scale of Rs.7500-250-12000 with a Grade Pay of Rs.4900 and to effect the further revision of pay scales and to direct the respondents to revise pay scale and to compute the retiral benefits taking note all the revision of pay scales and to consequentially direct the respondents to pay the arrears of Gratuity, Pension, Commutation, Leave Liability and re-fix the rate of pension of petitioners.
For Petitioner : Mr.P.Paramasiva Doss For Respondents : Mr.D.Raghu, for R1 & R2 Standing Counsel Mr.V.Prabhu, for R3 Government Advocate
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner and to implement the G.O.Ms.No.146, Transport (C) Department, dated 30.11.2015 and to revise the pay scale and pay the attendant benefits. 2.
The case of the petitioner is that he was working in the respondent Transport Corporation as Superintendent and he retired from service on 31.07.2016. The petitioner is drawing pension for the service rendered by him in the respondent corporation.
3.
The grievance of the petitioner is that G.O.Ms.No.146, dated 30.11.2015 was passed whereby the scale of pay was revised. According to the petitioner he is also entitled for the benefit under the Government order. Therefore, the petitioner had given a representation to the respondents on 30.07.2018 seeking for revision of scale of pay and other attendant benefits. Since the same was not considered, the present writ petition has been filed before this Court. 4.
Heard, Mr.P.Paramasiva Doss, learned counsel for the petitioner, Mr.D.Raghu, learned Standing Counsel for R1 and R2 and Mr.V.Prabhu, learned Government Advocate, for R3. 5.
Taking into consideration the facts and circumstances case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation dated 30.07.2018 made by the petitioner and pass appropriate orders strictly in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the earlier representation dated 30.07.2018 and a copy of this order. 6.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar AT
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Road, Salem - 636 007.
2.The Administrator, Tamil Nadu Employees State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai - 600 002.
3.The Addl. Chief Secretary to Government, Transport Department, St. George's Fort, Chennai - 600 009.
+1cc to Mr.D.Raghu, Advocate, SR.No.4668.
+1cc to Mr.P.Paramasivadoss, Advocate, SR.No.4874. +1cc to Government Pleader, SR.No.5779.
W.P.No.1373 of 2020 RR(CO) CSR:20.02.2020