A.Arumugam v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.39269 of 2016 A.Arumugam ... Petitioner Vs.
1. The Additional Chief Secretary Transport Department Government of Tamilnadu Secretariat, Chennai - 600 009.
2. The Managing Director Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to consider and pass orders on the petitioner's representation dated 24.10.2016 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 as fixed by this Hon'ble Court.
For Petitioner : Mr.A.Nagarathinam For Respondents : Mr.S.N.Parthasarathi for R1 Government Advocate Mr.R.K.Gandhi for R2 and R3
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The present writ petition has been filed seeking a Mandamus directing the respondents 2 and 3 to consider and pass orders on the petitioner's representation dated 24.10.2016 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 as fixed by this Court.
3.The petitioner entered the service as Conductor on 01.09.1980 in the respondent Corporation and was promoted as Senior Checking Inspector vide order dated 26.06.2009 and his employee number is FCO299. He retired from service on 31.01.2012 on attaining the age of superannuation. Though the petitioner was promoted as Senior Checking Inspector, he was not paid the revised scale of pay applicable to the said post but was paid only the salary applicable to the post of Conductor.
4.There was a Settlement entered into between the respondent Corporation and the Employees Union under Section 12(3) of the Industrial Disputes Act, 1947 on 22.01.2011 and in pursuant to the said settlement, the first respondent issued a 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, but the benefit of the said wage revision was not paid to the petitioner. Thereafter, the first respondent issued another G.O.Ms.No.61, dated 30.04.2015 extending the benefit of wage revision to the Senior Checking Inspectors with effect from 01.09.2010 retrospectively.
5.The petitioner was awarded first review, second review and third review in the respective service. But, the petitioner was not given the benefit of fourth review by the respondent Management. The petitioner's last drawn monthly salary was Rs.24,204/- and according to him, it was not calculated on the revised scale of pay awarding the fourth review as per the Settlement and Government Orders. The petitioner in this regard made representation dated 24.10.2016 to the respondents, but till date it was not considered. Hence, this petition. 6.Heard the submissions of the learned counsel appearing for the petitioner, the learned Government Advocate who takes notice for the first respondent and the learned counsel who take notice for the respondents 2 and 3.
7.Considering the submissions made on either side and without going into the merits of the case, this Court directs the petitioner to give a copy of the representation dated 24.10.2016 to the respondents 2 and 3, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to dispose of the said representation, with regard to arrears of salary and retirement benefits such as gratuity, pension and benefits of leave surrender and medical leave, on merits and in accordance with law and also in the light of G.O.(Ms).No.61, Transport (C) Department, dated 30.04.2015, within a period of six weeks thereafter.
8.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri To
1. The Additional Chief Secretary Transport Department Government of Tamilnadu Secretariat, Chennai - 600 009.
2. The Managing Director Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.A.Nagarathinam, Advocate, S.R.No.64887 +1cc to the Government Pleader, S.R.No.64947 W.P.No.39269 of 2016 SS(CO) CA(09/12/2016)