L.Ramasamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34475 of 2019 L.Ramasamy

...Petitioner

Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 7.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Edapadi Branch, Edapadi, Salem District.

..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 08.10.2019 for revision of pension and direct the respondent to revise the pension of Rs.27,927/- instead of 26,980/- from the date of settlement with effect from 01.09.2016 from 01.09.2016.

For Petitioner : Mr.V.Elangovan For Respondents: Mr.D.Raghu Standing counsel for R1 & R2

O R D E R

This writ petition has been filed for a writ of Mandamus directing the respondents to consider the representation made by the petitioner on 08.10.2019, seeking for revision of pension and for settlement of the consequential benefits.

2.

It is seen from records that the petitioner was appointed as Company Apprentice in the respondent Corporation in the year 1983. Thereafter, the service of the petitioner was regularized in the year 1984 and the petitioner retired from service on 28.02.2017. At the time of retirement, the petitioner was also sanctioned pension from March 2017 onwards and he is said to be receiving a pension of Rs.23,062/-. The petitioner https://hcservices.ecourts.gov.in/hcservices/

realized that his junior in service, who is also retired, is getting a higher pension than the petitioner. Therefore, the petitioner made a representation to the respondent requesting to revise the pension on par with the junior. Since the representation was not considered, the present writ petition has been filed before this Court.

4.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing on behalf of the respondents. 5.

Taking into consideration the facts and circumstances of the case and also 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 08.10.2019 and deal with the same in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to give a fresh representation to the 1st respondent along with copy of the representation dated 08.10.2019 and copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar rka To

1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem - 7.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Edapadi Branch, Edapadi, Salem District.

+1 CC to Mr.S.Dorai Samy, Advocate sr 103571. +1 CC to Mr.D.Raghu, Advocate sr 103491.

W.P.No.34475 of 2019 RR(CO) SP(24/01/2020) https://hcservices.ecourts.gov.in/hcservices/