V.Mohan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.10592 of 2020

1. V.Mohan

2. R.Baskaran

3. M.Paridass

4. S.Vengadessane

5. S.Raja ...

Petitioners /vs/ The Managing Director, Puducherry Road Transport Corporation, Raja Nagar, Iyyanar Kovil Street, New Bus Stand, Puducherry.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to pay the revised Grade Pay of Rs.2800 to the petitioners from 27.08.2014 within a reasonable time frame.

For Petitioner ... Mr.K.S.Karthik Raja For Respondents ... Mr.A.R.Nixon Standing Counsel

ORDER

This writ petition has been filed for the issuance of the writ of mandamus directing the respondents to pay the revised Grade Pay of Rs.2800 to the petitioners from 27.08.2014 within a reasonable time frame.

2. The petitioners who are currently working as Tradesman Grade II with the respondent have got the revision of Grade Pay of Rs.2,800/- vide order dated 26.09.2012. However the said grade pay was not paid to them. Hence, the petitioners have made a representation to the respondent on 24.01.2020. Since the same was not considered so far, this petition has been filed.

3. Mr.A.R.Nixon, the learned Standing Counsel for the respondent corporation, filed a counter affidavit in which it is stated as follows: " 3. I humbly submit, the Promotion had given to the above said Tradesman subject to the condition of the outcome of the writ petition No.16960/2008 which is pending before the Honourable High Court of Madras and of any Judicial verdict or reviews. Moreover their promotion had given on adhoc basis as such the Grade pay was fixed as Rs.2,400/- in the first Grade pay instead of the Second Grade pay of Rs.2,800/- which was given to regular staff got promoted during the

year 2012.

4. I humbly submit, it is subject to the Board of Directors to decide the revised Grade pay of Rs.2,800/- as requested by the representees subject to the outcome of the Writ Petition No.16960/2008 or on the date of regularisation."

4. In view of the above observation, I feel it is appropriate to direct the respondent to consider the representation of the petitioner in the light of the above mentioned paragraphs.

5. Accordingly, the respondent is directed to consider the representation of the petitioner dated 24.01.2020 in the light of Paragraphs Nos.3 and 4 of the counter affidavit and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

03.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn To:

The Managing Director, Puducherry Road Transport Corporation, Raja Nagar, Iyyanar Kovil Street, New Bus Stand, Puducherry.

03.01.2024