V.Natesan, (Fm0014), v. The Manging Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.2587 of 2020 V.Natesan ...
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 Respondents, i. to pay the Labour Welfare Fund, E.L. Surrender and RTT Refund with interest;
ii. to pay the differential arrears of Salary based on the revised scale of pay and review benefit applicable to the post of Senior Checking Inspector;
iii. to pay the differential arrears of Gratuity, Leave Salary, Commutation by computing last drawn salary based on the revised scale of pay and review benefit applicable to the post of Senior Checking Inspector;
iv. to pay the differential arrears of Pension based on the revised dearness allowance and, v. to pay the interest for the delayed payment of retirement benefits. For Petitioner :
Mr.G.Pugazhenthi For Respondents :
Mr.R.Babu (For R1) Standing Counsel (TNSTC)
ORDER
The petitioner joined the service as conductor in the respondent Corporation on 01.05.1980 and subsequently promoted to various levels and retired from service as Traffic Manager on 30.09.2015 on attaining the age of superannuation. The grievance of the petitioner is that he was not awarded with 5th Review increment with effect from 01.11.2012. The petitioner's scale of pay was revised in the post of Traffic Manager at Rs.17,690/- basic Pay and Rs.4,500/- Grade Pay as per the Wage Settlement arrived under Section 12(3) of the Industrial Disputes Act. However, the petitioner was paid only a sum of Rs.17,040/- towards basic pay and
Rs.4,400/- Grade Pay without increase in basic pay and 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.
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 petitioner is entitled to 3% increment with effect from 01.11.2012. Since the increment was not effected, the petitioner got less salary at the time of retirement 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 the benefit of Pay raise. Accordingly, the petitioner has been given with all benefits as per Wage Settlement dated 13.04.2015 and that he is not entitled for
enhancement of any pay.
4. On perusal of records, it is seen that the petitioner claimed arrears as detailed hereunder:
S.
No.
Details Revised Paid Balance Amount Salary Arrears from 09/2010 to 09/2015 119433 119433 Pension Commutation Arrears 371471 367152 Gratuity Arrears 981265 943203 38062 Leave Salary Arrears 359146 345598 13548 Pension Arrears from 10/2015 to 09/2019 1103775 981984 121791 E.L. Surrender Amount 20636 20636 I.R.T.T.Refund Amount Total 2960086 2637937 322149
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 9,43,203/- ECS 15.06.2017 Gratuity Interest 89,604/- ECS 27.06.2018 Provident Fund 1,63,000/- 1,29,000/- ECS ECS 04.12.2017 03.01.2018
S.
No.
Terminal benefit details Amount Rs.
Cheque No. / ECS Date of Payment 1,47,159/- 4,39,159 ECS 12.01.2018 Provident Fund Interest 89,604/- ECS 27.06.2018 Commutation 51,700/- 60,400/- 2,55,052/- 3,67,152/- ECS ECS ECS 04.12.2017 02.01.2018 11.01.2018 Leave Liability 4,000/- 35,000/- 3,06,598/- 3,45,598/- ECS ECS ECS 16.10.2017 31.10.2017 12.01.2018 Leave Liability Interest 44,756/- ECS 18.09.2018 Social Welfare Fund - SWF 70,569/- 736038 13.04.2018 IRTT 4,360/- ECS 28.02.2023 Salary Arrears 78,762/- 189384 12.10.2017 Leave surrender 20,636/- To be paid 12(3) Settlement Arrears 24,252/- To be paid
6. In view of the above, it is clear that leave surrender and 12 (3) settlement alone have to be paid to the petitioner and there is no arrears of pay or any enhancement as claimed by the petitioner.
7. However, it appears that the petitioner has given representation to the respondents by raising his claim of arrears amount. However, the respondents have not passed any orders so far. Unless any orders are
passed on the representation of the petitioner, it may not be possible for the petitioner to get 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 23.11.2019 and pass appropriate orders on merits and in accordance with law and also settle the dues in respect of leave surrender and 12(3) Settlement, 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 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.
R.N.MANJULA ,J.
vum
W.P. No.2587 of 2020 03.01.2024 (3/3)