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Madras High CourtWP/26925/2023disposed of

R.A.Dharmalingam v. M/S.Tamilnadu State Transport Corporation

2023-09-14Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.A.Dharmalingam ... Petitioner in W.P.No.26925 of 2023 G.Subramanian ... Petitioner in W.P.No.26929 of 2023 Vs

1. M/s.Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Rep. by its Administrator, No.2, Pallavan Salai, Chennai - 600 002.

2. M/s.Metropolitan Transport Corporation, Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

... Respondents in both WPs Prayer:- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent herein to revise the petitioners pension with 34 percentage Dearness Allowance from November 2022 which was last drawn by him and pay the arrears 1/5

with 6 percentage interest to the petitioner herein by considering the representation of the petitioner dated 31.08.2023 and 14.08.2023 respectively.

For petitioners : Mr.D.Soundar Raj in both WPs For Respondents : Mr.C.S.K.Sathish - R1 in both WPs Mr.R.Balaji - R2 COMMON ORDER These Writ Petitions have been filed to direct the first respondent herein to revise the petitioners pension with 34 percentage Dearness Allowance from November 2022 which was last drawn by him and pay the arrears with 6 percentage interest to the petitioner herein by considering the representation of the petitioner dated 31.08.2023 and 14.08.2023 respectively.

2. It is the case of the writ petitioners that they retired from service on 31.10.2022 on attaining the age of superannuation and after their retirement the respondents reduced their Dearness Allowance from 34% 2/5

to 5% and paying reduced pension from November 2022. The petitioners are eligible for 29% Dearness Allowance. In this regard, they had given representations dated 31.08.2023 and 14.08.2023 to the respondents. But the same have not been considered by this. Hence, the present Writ Petitions.

3. In view of the limited relief sought in these Writ Petitions, the respondents are directed to consider the representations of the petitioners dated 31.08.2023 and 14.08.2023 respectively and pass Orders on the same taking note of the Orders passed by this Court in W.P.[MD] Nos.1147 of 2020 batch of cases, dated 02.03.2023 within a period of two months from the date of receipt of a copy of this Order.

5. With the above directions, these Writ Petitions are disposed of. No costs.

14.09.2023 Index:Yes/No 3/5

vrc To,

1. M/s.Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Rep. by its Administrator, No.2, Pallavan Salai, Chennai - 600 002.

2. M/s.Metropolitan Transport Corporation, Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

4/5

N.SATHISH KUMAR, J.

vrc WP.Nos.26925 & 26929 of 2023 14.09.2023 5/5