The General Manager v. A.Nagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-07-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM The General Manager, Tamil Nadu State Transport Corporation (Erode) Region, 45 Chennimalai Road, Erode-638 001.

.. Petitioner -vs1.A.Nagarajan 2.The Managing Director, Tamil Nadu State Transport Corporation Coimbatore Limited, 37 Mettupalayam Road, Coimbatore-641 043.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai-600 002.

.. Respondents

Review Application is preferred under Order 47, Rule 1 read with Section 114 of CPC, against the order of this Court made in WP No.12551 of 2019 date 28.11.2022.

For Petitioner :

Mr.Murali Vinodh For Respondent-1 :

Mr.V.Ajoy Khose

O R D E R

The present Review Application has been filed against the order of this Court made in WP No.12551 of 2019 dated 28.11.2022.

2. Clause 70 of the Common Service Rules applicable to the Government owned Transport Corporations states that "an increment in the respective time scale of pay shall ordinarily be granted from the normal due date i.e., the date on which an employee completing one year of service". Therefore, on completion of one year of service, an employee is entitled to get an increment irrespective of the fact whether Government Order in

G.O.Ms.No.311, Finance Department, dated 31.12.2014 applies or not. The employees in Transport Corporation are eligible to draw increment under Clause 17 of the Common Service Rules.

3. The complaint of the employees is that if the completed service of one year falls on the date of retirement, increments are not paid. An employee completing one year of service on the date of retirement, is entitled to get increment under Common Service Rules also.

4. An employee is eligible to secure one increment on completion of one year of service.

5. In view of the facts and circumstances, the first respondent in the Review Application is entitled to draw one increment on completion of one year of service. The review petitioner-Management is directed to settle the increment to the first respondent, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, the present Review Application stands dismissed. However, there shall be no order as to costs. 19-07-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The General Manager, Tamil Nadu State Transport Corporation (Erode) Region, 45 Chennimalai Road, Erode-638 001.

2.The Managing Director, Tamil Nadu State Transport Corporation Coimbatore Limited, 37 Mettupalayam Road, Coimbatore-641 043.

3.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai-600 002.

S.M.SUBRAMANIAM, J.

Svn 19-07-2024