V.Balaji (Fm 0016) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.34129 of 2019 V.Balaji Petitioner vs.
1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents i)to pay the amount of the Social Welfare Fund, E.L. Surrender, IRTT Refund amount with interest, ii)to pay the differential arrears of Salary based on the revised scale of pay and review benefit applicable to the post of Senior Checking Inspector and iii)to pay the differential arrears of Gratuity, Leave Salary, Commutation and Pension by granting 5th review benefit with interest and iv)to pay interest at the rate of 6% per annum till the realisation of the entire amount. For Petitioner : M/s.A.Nagarathinam For Respondents: M/s.Rajeni Ramadoss Standing Counsel
ORDER
This writ petition has been filed for a writ of mandamus directing the respondent to pay certain retiral benefits along with interest for the delayed payment.
2.The petitioner was working as a Conductor in the Transport Corporation and thereafter, he was promoted as a Traffic Manager and he retired from service on 30.05.2018. According to the petitioner, several settlements were arrived under Section 12(3) of the Industrial Dispute Acts, 1947 and the petitioner is https://hcservices.ecourts.gov.in/hcservices/
entitled for revision of pay and consequently, there will be certain arrears of amounts that are payable to the petitioner towards his retiral benefits. The petitioner has made lots of claim in his representation dated 19.10.2019 made to the respondents. Since, the same has not been considered, the present writ petition has been filed before this Court. 3.Heard M/s.A.Nagarathinam, learned counsel appearing on behalf of the petitioner and M/s.Rajeni Ramadoss, learned Standing Counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also for the limited relief that has been sought for by the petitioner, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 19.10.2019 and pass appropriate orders strictly in accordance with law, within a period of six weeks from the date of receipt of copy of this order.
5.This writ petition is disposed of with the above direction. No Costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem - 636 007.
2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Administrative Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1 cc to M/s.S.Rajeni Ramadass,Advocate Sr.No. 10825 +1 cc to Mr.A.Nagarathinam, Advocate Sr.No.102100 AKM/11.12.19/2P-5C / W.P No.34129 of 2019 https://hcservices.ecourts.gov.in/hcservices/