D.Purushothamam (M/A) v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. D.Purushothaman
2. S.Sadasivam
3. R.Kalyanaraman ....
Petitioners Vs
1. The Chairman, Chennai Port Trust, Now named as Chennai Port Authority, No.1, Rajai Salai, Chennai - 600 001.
2. FA & CAO (Financial Advisor & Chief Accounts Officer) Chennai Port Trust, Now named as Chennai Port Authority, No.1, Rajaji Salai, Chennai - 600 001.
....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose the first petitioner's representation dated 01.09.2021 along with the 2nd and 3rd petitioners representation dated 08.02.2022 & 09.02.2022 and to allow the petitioners herein to avail the additional quantum of pension as per 1ministry of shipping (PHRD) No.A-29018/2/2016-PE-1 dated 05.02.2020 from the month of April 2021 within the stipulated time period fixed by this Court. For Petitioner : M/s.S.Vennila For Respondents : Mr.R.Karthikeyan Standing Counsel
ORDER
This Writ Petition has been filed for a direction directing the first respondent to consider the representations of the petitioners seeking promotion to avail the additional quantum of pension under Section 12(3) of Industrial Dispute Act.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioners had joined the service in the year 1963 & 1969 and retired from service in the year 2001. They are receiving pension after their retirement. The quantum of pension/family pension available to the old pensioners/family pensioners shall be continued as follows : Age of Pensioner/Family Pensioner Additional Quantum of Pension From 80 years to less than 85 years 20% of basic pension/family pension From 85 years to less than 90 years 30% of basic pension/family pension From 90 years to less than 95 years 40% of basic pension/family pension From 95 years to less than 100 years 50% of basic pension/family pension 100 years or more 100% of basic pension/family pension
4. Therefore, the petitioners submitted representation to implement the pension enhancement as per the Settlement in force entered into by the Tripartite Committee under Section 12(3) of the Industrial Dispute Act. Accordingly, the petitioners submitted representation.
5. In view of the above, the first respondent is directed to consider the representation of the petitioners and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
11.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1. The Chairman, Chennai Port Trust, Now named as Chennai Port Authority, No.1, Rajai Salai, Chennai - 600 001.
2. FA & CAO (Financial Advisor & Chief Accounts Officer) Chennai Port Trust, Now named as Chennai Port Authority, No.1, Rajaji Salai, Chennai - 600 001.
G.K.ILANTHIRAIYAN. J, Lpp 11.01.2024