R.Kulandaivelu, S/O.Ramasamy v. The Additional Chief
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.36885 of 2016 R.Kulandaivelu ... Petitioner vs.
1.
The Additional Chief Secretary, Transport Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents 2 and 3 to consider and pass orders on the petitioner's representation dated 01.10.2016 with regard to arrears of salary and retirement benefits such as gratuity, pension and benefits of leave surrender and medical leave in the light of G.O.Ms.No.61, dated 30.04.2015 within a stipulated time.
For Petitioner : M/s.A.Nagarathinam For R1 : Mr.O.Selvam Government Advocate For R2 & R3 :
Mr.R.K.Gandhi
O R D E R
The petitioner has come up with this Writ Petition seeking a direction to respondents 2 and 3 to consider and pass orders on his representation dated 01.10.2016 with regard to arrears of salary and retirement benefits such as gratuity, pension and benefits of leave surrender and medical leave in the light of G.O.Ms.No.61, dated 30.04.2015 within a stipulated time. According to the petitioner, he entered the services of the respondent/Transport Department as a Conductor on 05.04.1978 and promoted as Senior Checking Inspector by an order dated 11.01.2008. He retired from service on 30.04.2012 on attaining the age of superannuation. The grievance of the petitioner is that he was not paid the benefit of wage revision in the light of G.O.Ms.No.51, dated 14.03.2013, by which higher scale of pay and grade pay was fixed to the Checking Inspectors with effect from 01.09.2010.
Thereafter, the 1st respondent issued another Government Order vide G.O.Ms.No.61, dated 30.04.2015, extending the benefit of wage revision to Senior Checking Inspectors with effect from 01.09.2010, retrospectively.
It is further stated by the petitioner that vide communication dated 12.09.2016 from the respondent/Transport Department, the petitioner's basic pay was revised at Rs.13,155/- with Grade Pay at Rs.4,300/- with effect from 01.05.2011 on awarding 5th review. But, the petitioner was paid only a sum of Rs.12,695/- as basic pay and Rs.2,600/- as Grade pay till the date of his retirement and the respondent/Transport Department has settled the retirement benefits to the petitioner based on the basic pay of Rs.12,680/- and Grade Pay of Rs.2,250/-. It is the case of the petitioner that it ought to have calculated the retirement benefits based on the revised basic pay of Rs.13,155/- and Grade pay of Rs.4,300/-. As such, the respondent/Transport Department is liable to pay a sum of Rs.1,33,777/- towards arrears of Gratuity and Leave Surrender.
4.
Since the respondent/Transport Department did not take any action to pay the arrears of salary and retirement benefits, the petitioner made a representation on 01.10.2016 requesting the respondents to pay the arrears of salary from 01.05.2011 till 30.04.2012 and settle the arrears of retirement benefits, such as Gratuity, Pension, Benefits of Leave Surrender and Medical Leave based on the revised scale of pay for the post of Senior Checking Inspector. Since no orders are forthcoming from the respondents, the petitioner is once again before this Court.
5.
When the matter is taken up for consideration, learned counsel for the petitioner submitted that the petitioner's grievance would be redressed, if the respondents are directed to consider his representation dated 01.10.2016 and pass appropriate orders within a stipulated time.
6.
In view of the above, without going into the merits of the case, the respondents 2 and 3 are directed to consider the petitioner's representation dated 01.10.2016 seeking payment of arrears of salary and settlement of pensionary benefits, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs.
aeb Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar To:
1.
The Additional Chief Secretary, Transport Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+1CC to MR.R.K.GANDHI Advocate SR.NO.67186 +1CC to Govt Pleader in SR.NO.67519 +1CC to MR.A.NAGARATHINAM Advocate SR.NO.67014 W.P.No.36885 of 2016 LRS[CO] MK:02/01/2017 18.11.2016