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Madras High CourtWP/28596/2025disposed of

Ramamoorthy V v. Government Of Tamil Nadu

2025-07-31Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN V.Ramamoorthy ... Petitioner Vs.

1.Govt. of Tamilnadu, Rep. by its Principal Secretary, Transport Department, Fort St. George, Chennai-600 009.

2.Institute of Road Transport, Rep. by its Director, Taramani, Chennai-600 113.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to pay the Petitioner the balance 75% arrears of salary of Rs.2,09,736/- payable to him based on the revision of pay effected to the employees of Respondents 1 and 2 as per recommendations of 7th Pay Commission, for the period from 01.10.2017 to the date of his retirement along with interest; to pay him the balance amount of Rs.15,399/- towards EPF along with interest at the rate of 12% p.a.; and to pay him interest for the belated payment of 25% of arrears of salary, within a stipulate time as may be fixed by this Court. 1/6

For Petitioner : M/s.Dharshini GK For R1 : Mr.G.Nanmaran Special Government Pleader For R2 : Mr.C.Gauthamaraj Standing Counsel

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to pay the Petitioner the balance 75% arrears of salary of Rs.2,09,736/- payable to him based on the revision of pay effected to the employees of Respondents 1 and 2 as per recommendations of 7th Pay Commission, for the period from 01.10.2017 to the date of his retirement along with interest; to pay him the balance amount of Rs.15,399/- towards EPF along with interest at the rate of 12% p.a.; and to pay him interest for the belated payment of 25% of arrears of salary, within a stipulate time as may be fixed by this Court.

3. Heard the learned counsel for both sides and perused the materials 2/6

available on record.

4. The learned counsel for the petitioner has joined in the services of the 2nd Respondent-Institute as Junior Research Assistant on 12.08.1988 and after rendering 35 years of service, he retired from service on 30.06.2023 as Programmer. The learned counsel for the petitioner would submit that the Government granted revision of pay and allowances to the Transport Department Employees as per the 7th Pay Commission's Recommendation and notified the same in G.O.Ms.No.303, Financial (Pay Cell) Department, dated 11.10.2017. The learned counsel for the petitioner would submit that the petitioner is entitled for EPF amount and the difference in pay between the pay received by the petitioner as per the 7th Pay Commission Recommendation. According to the petitioner, the total due payable by the respondents is Rs.2,25,135/-. Claiming the above due, the petitioner has sent representations on 26.03.2025 and 23.04.2025 and such representations are pending with the respondents.

5. It is the further submission of the petitioner that the issue involved in 3/6

the present case is no longer res integra in view of the judgment of the Division Bench of this Court in W.A.No.2619 of 2024, dated 30.08.2024 in The Director, Institute of Road Transport vs. W.Benyamin. Hence, prayed to allow the writ petition.

6. At this juncture, the learned Special Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for the 2nd respondent would submit that they will consider the petitioner's representations according to it's own merits and in accordance with law, within a reasonable time.

7. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representations dated 26.03.2025 and 23.04.2025 and pass orders on it's own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

8. It is made clear that if the petitioner is entitled for any amount, the 4/6

same may be paid with interest at the rate of 4% per annum as ordered in W.A.No.2619 of 2024, dated 30.08.2024.

9. With the above direction, the Writ Petition is disposed of. No costs. 31.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Principal Secretary, Govt. of Tamilnadu, Transport Department, Fort St. George, Chennai-600 009.

2.The Director, Institute of Road Transport, Taramani, Chennai-600 113.

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C.KUMARAPPAN, J.

dm 31.07.2025 6/6