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Madras High CourtWP/31575/2018disposed of

K.Ramalingam v. M/S.State Express Transport Corporation Ltd

2018-11-30Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2018

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA W.P.No.31575 of 2018 K.Ramalingam

...Petitioner

Versus

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

... Respondent Prayer :Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent to revise the fixation benefits in the Checking Inspector cadre and give effect of 5th review benefits as per wage settlement dated 22.01.2011 and revise the pension accordingly and pay the consequential arrears with interest at the rate of 6% per annum by considering the representations of the petitioner dated 21.01.2012, 07.01.2014 and 07.02.2017. For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.A.Antony Arockiya Raja, Standing Counsel.

ORDER

This writ petition has been filed by the petitioner seeking to direct the respondent to revise the fixation benefits in the Checking Inspector cadre and give effect of 5th review benefits as per wage settlement dated 22.01.2011 and revise the pension accordingly and pay the consequential arrears with interest at the rate of 6% per annum by considering the representations of the petitioner dated 21.01.2012, 07.01.2014 and 07.02.2017.

2. The petitioner was appointed as a Conductor on 30.11.1979 in the Pallavan Transport Corporation (State Express Transport Corporation) and he retired from service on 30.06.2013 as Checking Inspector. The grievance of the petitioner is that though he was eligible for the benefits of 12(3) settlement dated 22.01.2011, he was denied the same. Hence, the petitioner sent representations dated 21.01.2012, 07.01.2014 and 07.02.2017 requesting the respondents to re-fix his pay as per the 12(3) settlement, which have not been considered. Therefore, the https://hcservices.ecourts.gov.in/hcservices/

present writ petition is filed.

4. Mr.A.Antony Arockiya Raj, learned Standing Counsel takes notice for the respondent.

5. Heard the learned counsel on either side and perused the materials available on records.

6. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondent to consider the representations submitted by the petitioner and pass orders on the same within a particular time frame.

7. In the above circumstances, this writ petition is disposed of directing the respondent to consider the representations of the petitioner dated 21.01.2012, 07.01.2014 and 07.02.2017 and pass appropriate orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst/klt To The Managing Director, State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai - 600 002.

+1cc to Mr.D.Sundar Raj, Advocate, S.R.No. 82115 W.P.No.31575 of 2018 RR(CO) GN(03/01/2019) https://hcservices.ecourts.gov.in/hcservices/