K.Vellikannu v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.24776 of 2013 K.Vellikannu .. Petitioner Vs.

1. Tamilnadu State Transport Villupuram Region Rep.by its Managing Director 2.The General Manager Tamilnadu State Transport Villupuram region .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to pass orders on the petitioner's representation dated 13.4.2013 and pass orders granting the petitoner forthwith annual increments for the period from 17.2.2002 to 4.9.2003 review benefits by counting the above period as duty from the due date correct and appropriate pay fixation as on 5.9.2003 based on such annual increments and review benefits as given to his colleagues, the difference in wages for the period from 5.9.2003 to 31.8.2012 the difference in terminal benefits already settled and to settle all other remaining terminal benefits with interest at the rate of 12% per annum award costs.

For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.P.Paramasivadoss

O R D E R

The petitioner worked as Driver in Tamil Nadu State Transport Corporation and after taking the benefits of alternate employment, he retired from service on attaining the age of superannuation on 31.8.2012. It is the grievance of the petitioner that he was not given statutory benefits and increment for the period from 17.2.2002 to 4.9.2003. It is his further grievance that the respondents have not refixed the pay inspite of attaining the age of superannuation.

2. The petitioner submitted a representation on 13.4.2013 requesting the first respondent to pay him all the benefits taking into account the background facts. Since the said representation was not considered, the petitioner is before this Court.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents.

4. The first respondent is directed to consider and dispose of the representation submitted by the petitioner dated 13.4.2013 on merits and as per law. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ajr To

1. Tamilnadu State Transport Villupuram Region Rep.by its Managing Director

2.The General Manager Tamilnadu State Transport Villupuram region 1 cc to Mr.V. Ajay khose Advocate, sr. 5718 1 cc to Paramasivadoss, Advocate, Sr. 5884 W.P.No.24776 of 2013 MG (CO) kk 10/2