G.Padmanabhan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. Nos.9637 of 2021 G.Padmanabhan ... Petitioner /vs/ 1.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, 3/137, Salamedu, Valudha Reddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vellore Region Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to revise pension and other terminal benefits to the petitioner such as leave salary, gratuity and commutation amount based on 12(3) wage settlement dated 1.4.2018 and pay the difference amount to the petitioner.
For Petitioner ...
Mr.S.T.Varadarajulu For Respondents ...
Mrs.S.Pavithra for Tamil Nadu State Transport Corporation
ORDER
Heard Mr.S.T.Varadarajulu, the learned counsel for the petitioner and Mrs.S.Pavithra, the learned Standing Counsel for the respondents.
2. The petitioner has filed this writ petition seeking a writ of mandamus to direct the respondents to revise pension and other terminal benefits such as leave salary, gratuity and commutation amount based on 12(3) wage settlement dated 1.4.2018 and pay the difference amount to the petitioner.
3. The petitioner had joined in service of the respondent corporation on 03.02.1987 and he got retired from service on 30.04.2017.
4. Mr.S.T.Varadarajulu, the learned counsel for the petitioner submitted that the wage settlement was arrived on 04.01.2018 and according to that the wage revision has to be given with effect from 01.09.2016; as per the new wage settlement, the basic pay of the settlement will be Rs.17,500/-; since the petitioner retired on 30.04.2017, he is eligible to get the wage revision and all other terminal benefits based on the revised basic; the petitioner sent a representation to revise his pension based on the settlement dated 04.01.2018, but so far it has not been considered.
5. If any settlement is arrived for wage revision and if an employee is eligible to get the benefits of the wage revision, then appropriate order has to be passed by the respondent corporation by revising their scale of pay and all other consequential terminal benefits. Since the petitioner's representation has not been considered so far, I feel the respondents should
be directed to consider the same.
6. Accordingly this writ petition is allowed and the respondents are directed to consider the representation of the petitioner dated 26.02.2021 and pass appropriate orders by revising his pension and other terminal benefits, within a period of six weeks from the date of receipt of a copy of this order. No costs.
13.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1.The Managing Director, Tamil Nadu State Transport Corporation, (Villupuram) Limited, 3/137, Salamedu, Valudha Reddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Vellore Region Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
R.N.MANJULA ,J.
bkn W.P. No.9637 of 2021 13.03.2024