P.Veerasamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.P.Veerasamy 2.A.Pagubali 3.P.Devakumar 4.J.Murali 5.P.Pachaiyappan 6.P.Subramanian 7.S.PakriKrishnan 8.V.Kuppusamy 9.R.Ananthasayanam 10.M.Kumar 11.K.Ponnysamy 12.S.Jalil 13.R.Jayachandran 14.G.Krishnan 15.S.Kanniappan 16.P.K.Rajavelu ...

Petitioners versus 1.The Managing Director, Corporation (Villupuram) Ltd., Salamedu, Villupuram, Villupuram District - 605 602.

2.The General Manager, Corporation (Villupuram-III) Ltd., 1/6

Thiruvannamalai Region, Bye Pass Road, Vengikkal, Thiruvannamalai District - 606 604.

3.The Administrator, Corporation Employees Pension Fund Trust, 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, directing the 3rd respondent to pay arrears of pension from the dates of the retirement of the petitioners to October 2019, as per revision of Grade Pay agreed in settlement dated 04.01.2018.

For Petitioners :

Mr.S.T.Varadarajulu For Respondent Nos.1 & 2 :

Mrs.S.Pavithra Standing Counsel for TNSTC For Respondent No.3 :

No Appearance

O R D E R

Heard Mr.S.T.Varadarajulu, learned counsel for the petitioner and Mrs.S.Pavithra, learned Standing Counsel for the respondents 1 & 2 and perused the materials available on record.

2.

There is no representation for the 3rd respondent either in-person or through his counsel.

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3.

The petitioners who have been retired from service as Checking Inspectors and Driving Instructors has filed this Writ Petition, seeking direction against the 3rd respondent to pay arrears of pension from the date of their retirement.

4.

Mr.S.T.Varadarajulu, learned counsel for the petitioners submitted that as per the settlement dated 22.01.2011, the petitioners are entitled to the Grade Pay of Rs.4,300/- and that was not given effect. Again on 04.01.2018, another 12(3) settlement was arrived and in which, the Grade Pay of Rs.4,300/- has been agreed to be fixed from 01.09.2010 notionally and the Management would pay Provident Fund Contribution. So far no such revision has been made. Hence, the petitioners had given a representation on 17.02.2020, but it has not been considered by the respondents.

5.

When the matter was taken up today, Mrs.S.Pavithra, learned Standing Counsel for the respondents 1 & 2 submitted that the respondents 1 and 2 would consider the representation of the petitioners and pass appropriate orders.

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6.

Since the petitioners had given a representation on 17.02.2020 only basing upon the earlier settlement agreed to be implemented, the respondents shall consider the same and pass orders on its own merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

With the above observation, this Writ Petition is disposed. No costs. 06.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6

To 1.The Managing Director, Corporation (Villupuram) Ltd., Salamedu, Villupuram, Villupuram District - 605 602.

2.The General Manager, Corporation (Villupuram-III) Ltd., Thiruvannamalai Region, Bye Pass Road, Vengikkal, Thiruvannamalai District - 606 604.

3.The Administrator, Corporation Employees Pension Fund Trust, Pallavan salai, Chennai - 600 002.

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R.N.MANJULA , J.

sri 06.03.2024 6/6