Madras High CourtWP/1823/2013dismissed

H.Krishnamurthy, v. The Secretary,

2023-07-20Honourable Mr Justice G.K. Ilanthiraiyan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.1823 to 1827 of 2013 and MP.Nos.1 & 2 of 2013, 2,2,2,2,3,3,3 & 3 of 2013 WP.No.1823 of 2013 H.Krishnamurthy ... Petitioner Vs.

1.The Secretary, Transport Department, Fort St.George, Chennai 600 009 2.The General Manager, Tamilnadu State Transport Corporation Ltd., (Tirunelveli Ltd), Tirunelveli Region-I 3.The Managing Director, Tamilnadu State Transport Corporation Ltd., Thirunelveli 4.The Administrator, TNSTC Employees Pension Funds Trust, SETC Campus, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the fourth respondent made letter No.26/P2/TNSTC EPFT/2012 - 707 dated 24.09.2012 and quash the same and 1/12

consequently direct the third respondent not to reduce the scale of pension already drawn by the petitioner.

For Petitioner : No appearance For Respondents For R1 : Mr.M.P.Murugan Raja, Government Advocate For R2 & 3 : Mr.R.Babu, Standing Counsel For R4 : Mr.C.S.K.Sathish, Standing Counsel WP.No.1824 of 2013 S.V.Akinimuthu ... Petitioner Vs.

PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the fourth respondent made letter No.26/P2/TNSTC EPFT/2012 - 707 dated 24.09.2012 and quash the same and consequently direct the third respondent not to reduce the scale of pension already drawn by the petitioner.

4.The Administrator, TNSTC Employees Pension Funds Trust, SETC Campus, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the fourth respondent made letter No.26/P2/TNSTC EPFT/2012 - 707 dated 24.09.2012 and quash the same and consequently direct the third respondent not to reduce the scale of pension already drawn by the petitioner.

1.The Secretary, Transport Department, Fort St.George, Chennai 600 009 4/12

2.The General Manager, Tamilnadu State Transport Corporation Ltd., (Tirunelveli Ltd), Tirunelveli Region-I 3.The Managing Director, Tamilnadu State Transport Corporation Ltd., Thirunelveli 4.The Administrator, TNSTC Employees Pension Funds Trust, SETC Campus, Pallavan Salai, Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the fourth respondent made letter No.26/P2/TNSTC EPFT/2012 - 707 dated 24.09.2012 and quash the same and consequently direct the third respondent not to reduce the scale of pension already drawn by the petitioner.

1.P.Meenakshisundaram(deceased) 2.M.Visalatchi 3.M.Paramasivan 4.M.Gnanam (petitioners 2 to 4 impleaded vide court order dated 20.07.2023 in MP.No.4 of 2013 in WP.No.1827 of 2013) ... Petitioners Vs.

For Petitioners : No appearance 6/12

For Respondents For R1 : Mr.M.P.Murugan Raja, Government Advocate For R2 & 3 : Mr.R.Babu, Standing Counsel For R4 : Mr.C.S.K.Sathish, Standing Counsel COMMON O R D E R These writ petitions have been filed challenging the intercommunication between the fourth respondent and the Financial Advisor and Chief Accounts Officer, Metropolitan Transport corporation Limited.

The petitioners were originally appointed as Junior Assistant in the third respondent Corporation and thereafter they were promoted to the post of Assistant, Senior Assistant and Special Grade Assistant. Finally, they were promoted as Superintendent and they were retired from service as early as on 31.01.2008, 31.07.2008, 30.04.2009, 31.05.2008 and 31.05.2009 respectively. The following are the details of their date of 7/12

joining, date of superannuation and pension drawn: Name Date of joining Date of superannuation Details of pension drawn Details of the reduction of the pension H.Krishnamoorthy 9.07.1977 31.01.2008 5250/- 4388/- P.Meenakshisundara m 15.03.74 31.07.2008 5025/- 5025/- N.Shunmugam 21.03.81 30.04.2009 4877/- 4540/- A.Thirumalaiappan 15.03.74 31.05.2008 5813/- 5025/- S.Akkinimuthu 15.03.74 31.05.2009 4877/- 4540/- 3.

As per GO.Ms.No.142 Transport (C1) Department dated 21.08.2008, their salary was fixed on par with Government Employees for the post of Superintendents working in various Transport Corporations with effect from 01.01.2008. As per GO.Ms.No.234 Finance(Pay Cell) Department dated 01.06.2009, Sixth Pay Commission was implemented with effect from 17.06.2009. Therefore, all were seeking not to reduce the scale of pension already drawn by the petitioners as per the intercommunication between the fourth respondent and Financial Advisor and Chief Accounts Officer, Metropolitan 8/12

Transport corporation Limited.

On perusal of counter filed on behalf of second and third respondents, revealed that the petitioners belong to Administrative Supervisory category. In respect of administrative category virtue of 12

(3) settlement, the said category were permitted to draw scale on par with the Government Servant. They were permitted to draw the above scale by the GO.Ms.No.142 Transport (C1) Department dated 21.08.2008. Subsequently, GO.Ms.No.234 Finance(Pay Cell) Department dated 01.06.2009 was passed thereby refixing pay scale of Government employees based on the recommendations of the Sixth Pay Commission. Accordingly, pay and allowances of the Managerial and Supervisory staff of the Transport Corporation are refixed as per the recommendations of the Sixth Pay Commission. Virtue of the revisions, Technical / Administrative Supervisors who were on the roles on 17.06.2009 were granted the benefits and their pay scales were upgraded. Though the petitioner are covered under the Sixth Pay commission which came into effect from 01.01.2008, they have left their service prior to the date of 9/12

implementation of the Sixth Pay Commission. That apart, the said Government order has given effect to the Sixth Pay Commission only from 17.06.2009. Therefore, the petitioners are not entitled to get the revised pay and allowances as per Sixth Pay Commission. Therefore there is no apprehension that the third respondent intended to reduce the scale of pension already drawn by the petitioner.

In view of the above, the writ petitions are devoid of merits. Accordingly, all the writ petitions are dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 20.07.2023 Internet: Yes (2/2) Index: Yes/No Speaking/Non-speaking order lok 10/12

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G.K.ILANTHIRAIYAN, J.

lok To 1.The Secretary, Transport Department, Fort St.George, Chennai 600 009 2.The General Manager, Tamilnadu State Transport Corporation Ltd., (Tirunelveli Ltd), Tirunelveli Region-I 3.The Managing Director, Tamilnadu State Transport Corporation Ltd., Thirunelveli 4.The Administrator, TNSTC Employees Pension Funds Trust, SETC Campus, Pallavan Salai, Chennai 600 002

5. The Public Prosecutor, High Court, Madras.

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