M.Chandrasekaran v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Chandrasekaran
...Petitioner
-Vs -
1. The Additional Chief Secretary, Transport Department, Fort St. George, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust/ Post Retirement Benefit Fund, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to implement the benefits of G.O.Ms. No.134 Transport (D) Department dated 09.04.2018, G.O.Ms. No.313 Finance (Paycell) Department dated 25.10.2017 and also to implement G.O.Ms.No.142 Transport (E)
Department dated 26.08.2019, by revising the payscales of the petitioner by adopting the factor multiplier of 2.57 enumerated in the above Government orders and to enhance the rate of payscale and recalculate the terminal benefits and pension paid and which were passed in pursuance to the recommendation of the 7th Pay Commission and to direct the respondents to pay the differential terminal benefits from the date of retirement which would be appropriate along with the interest at the rate of 18% per annum for the belated period. For Petitioner : Mr.P.Paramasiva Doss For Respondents For R1 : Mr.S.Arumugam Government Advocate For R2 : Mr.T.Venkatesa Perumal Standing Counsel For R3 : Mr.C.S.K.Sampath
ORDER
This writ petition has been filed for direction directing the respondents to implement the benefits of G.O.Ms. No.134 Transport (D) Department dated 09.04.2018, G.O.Ms. No.313 Finance (Paycell) Department dated 25.10.2017 and also to implement G.O.Ms.No.142 Transport (E) Department dated 26.08.2019, by revising the payscales of the petitioner and to pay the differential terminal benefits with interest.
2.
The learned Standing Counsel appearing for the second respondent filed counter and submitted that while pending the writ petition, as requested by the writ petitioner, the basic salary of the petitioner was revised from Rs.15,310/-, G.P.-Rs.4,800/- to Rs.52,500/- as per the G.O.Ms.No.134 Transport (D) Department with effect from 01.01.2016. Insofar as the differential amount as per the 7th Pay Commission, the petitioner is eligible for gratuity and leave encasement as per terms of the Pay Commission.
3.
In view of the above submission, the second respondent is directed to pay the differential terminal benefits as per the revised salary in pursuant to the recommendation of 7th Pay Commission with interest at the rate of 6% per annum for the belated period within a period of twelve weeks from the date of receipt of a copy of this Order. 4.
With the above directions, the Writ Petition stands allowed. There shall be no orders as to costs.
05.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Additional Chief Secretary, Transport Department, Fort St. George, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust/ Post Retirement Benefit Fund, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
05.01.2024