M.Thirugnanam, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2025
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.21505 of 2018 and W.M.P.No.25252 of 2018 1.M.Thirugnanam 2.A.Jayagopi 3.V.Muralikrishnan 4.S.Kalaiselvan 5.J.Nandakumar 6.K.Ravi 7.K.Muthiyal 8.M.Chandrababu 9.N.Vardharajan 10.K.G.Narayanan 11.S.Narayanan 12.C.Radhakrishnan 13.V.Dhandapani 14.S.Palani 15.T.Krishniah 16.A.Pandiyan 17.G.Kalyanasundaram 18.C.Athmanathan 19.V.M.Manoharan 20.E.Jambulingam 21.A.Dhayalan ... Petitioners Vs.
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1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Salamedu, Vazhudhareddy Post, Villupuram.
2.The Administrator, Tamil Nadu Employees State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 600 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to revise the date of dearness allowances at the rate of 142% in place of 119% and to revise the pension payable at the rate of 2.57 times by granting the merger of dearness allowances as enumerated in pursuance to the recommendation of the 7th pay commission and the G.O.Ms.No.313, Finance (Pay Cell) Department dated 25.10.2017 and also to implement G.O.Ms.No.126, Finance (Pension) Department dated 11.04.2018 and to pay the arrears of pension from our retirement which would be appropriate along with the interest at the rate of 18% per annum. For Petitioners : Mr.N.Desinghu For Respondents : Mr.M.Aswin for R1 Mr.C.S.K.Sathish for R2 Page No.2 of 6
ORDER
This Writ Petition has been filed to direct the respondents to revise the dearness allowances at the rate of 142% in place of 119% and to revise the pension payable at the rate of 2.57 times by granting the merger of dearness allowances as enumerated in pursuance to the recommendation of the 7th pay commission and the G.O.Ms.No.313, Finance (Pay Cell) Department dated 25.10.2017 and also to implement G.O.Ms.No.126, Finance (Pension) Department dated 11.04.2018 and to pay the arrears of pension from the date of retirement along with interest at the rate of 18% per annum.
2. Heard Mr.N.Desinghu, learned counsel for the petitioners, Mr.M.Aswin, learned counsel for R1 and Mr.C.S.K.Sathish, learned counsel for R2 and perused the materials available on record.
3. The petitioners are the retired employees of the respondent Transport Corporation and they have been paid with their pension by the second respondent Trust. The rate of Dearness Allowance payable to the Page No.3 of 6
pensioners is enumerated under Section 20(A) of Tamil Nadu State Transport Corporation Employees Pension Fund Rules. The petitioners claim that in pursuant to the recommendation of the 7th pay commission and the consequential Government Order in G.O.Ms.No.313, Finance (Pay Cell) Department dated 25.10.2017, the petitioners are entitled to get revision of their pension on par with the Government pensioners. But, they were not paid with the revised pension. The petitioners have given representation in this regard, but the same has not yet been considered by the respondents.
4. Unless the petitioners' representation is taken up and disposed in accordance with its merits, no finality can be given to the claim of the petitioners. Hence, I feel the respondents 1 and 2 have to take a call on the representation given by the petitioners and pass orders.
5. In the result, this Writ Petition is disposed and the respondents are directed to consider the representation of the petitioners and pass appropriate orders on merits within a period of four weeks from the date Page No.4 of 6
of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 06.03.2025 Speaking / Non-speaking gsk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Salamedu, Vazhudhareddy Post, Villupuram.
2.The Administrator, Tamil Nadu Employees State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 600 002.
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R.N.MANJULA , J.
gsk W.P.No.21505 of 2018 and W.M.P.No.25252 of 2018 06.03.2025 Page No.6 of 6