R.S.Murugessan, Staff No.13733 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.4486 of 2017 R.S. Murugessan .. Petitioner Vs.

1.

The Managing Director, Vazhuthareddy, Villupuram - 605 602.

2.

The General Manager, Kancheepuram Region, Kancheepuram.

3.

The Administrator, Corporation Employees' Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus, directing the respondents to pay the difference amount of basic pay, DA, Grade pay and other allowances as per 12(3) settlement dated 01.09.2013 with interest at 18% p.a. to the petitioner within a fixed time frame.

For Petitioner :: Mr.M. Selvam For Respondents:: Mr.P. Kannankumar

ORDER

By consent, this writ petition is taken up for final disposal. Mr.P. Kannan Kumar, learned Standing Counsel accepts notice on behalf of the respondents.

2. The petitioner joined service in Tamil Nadu State Transport Corporation Limited, Villupuram, then Pattukottai Alagiri Transport Corporation Limited, Vellore, as Conductor on 07.03.1984, at Krishna Nagar Depot and retired from service, on attaining age of superannuation, on 31.10.2014, as Checking Inspector. The grievance expressed by the petitioner is that pursuant to 12(3) settlement arrived at between the Management and the Trade Union of the Transport Corporation, which came into effect from 01.09.2013, the difference amount of basic pay, DA, earned leave and grade pay due to revision of scales of pay, in respect of the said settlement with effect from 01.09.2013 have not been disbursed and he is entitled to the same with interest at 18% per annum. In this regard, he has submitted a representation dated 28.01.2017 to the respondents. Since the said representation has not been disposed of, the petitioner has come before this Court with this writ petition.

3. This Court heard the submissions of Mr.M. Selvam, learned counsel for the petitioner and Mr.P. Kannan Kumar, learned Standing Counsel for the respondents. 4.

Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents to consider the representation of the petitioner dated 28.01.2017, on merits and in accordance with law and pass orders on the same, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.

The Managing Director, Vazhuthareddy, Villupuram - 605 602.

2.

The General Manager, Kancheepuram Region, Kancheepuram.

3.

The Administrator, Corporation Employees' Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 2.

+1cc to Mr.P.Kannankumar, Advocate Sr.12698 +1cc to Mr.M.Selvam, Advocate Sr.12082 W.P.No.4486 of 2017 sv[co] srg 16/03/2017