Umavathi v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.02.2026
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.1921 of 2026 Umavathi ... Petitioner Vs
1. The Principal Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Transport Corporation (TNSTC) V.M.Chathiram, K.T.C.Nagar, Tirunelveli - 627 011.
3. The General Manager, Tamil Nadu Transport Corporation (TNSTC) Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.
4. The Administrator, TNSTC Employees Pension Fund Trust, Office of the SETC Head Office Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents 1/8
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent vide proceedings in Letter No.:1006/Law-09/TNSTC(Tvl)Naagar/2025 dated 04.12.2025 and quash the same as illegal and consequently direct the respondents to re-fix the pay of the petitioner's husband by adopting the 2.57 multiplier/matrix on par with the 7th Pay Commission revision from the date of promotion and revise all other terminal benefits for the petitioner's deceased husband, in the light of the order passed in W.P. (MD)No.3609 of 2020 dated 20.06.2023, which was confirmed by the Division Bench in W.A.(MD)No.1099 of 2024 dated 04.07.2024, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 and R3 : Mr.D.Jebaraj Standing Counsel For R4 : Mr.S.C.Herold Singh, Standing Counsel 2/8
ORDER
The petitioner is the wife of one Krishnan, who was an employee of the respondent Transport Corporation. He was engaged as workman in the Corporation and subsequently, he was promoted to the managerial cadre on 29.02.2016 and he died during the course of employment on 29.01.2020.
2. The wage revision applicable to the petitioner's husband while he was working as workman is based on the wage settlement. The petitioner's husband has availed the benefit of wage revision as per the Wage Settlement of the years 2010 and 2013. Subsequent wage revision was made only on 04.01.2018, it was implemented notionally on 01.09.2016 and monetary benefit was given with effect from 01.09.2017.
3. Since the petitioner's husband has been promoted to the managerial cadre, he is covered under the pay commission revision. Pay Commission revision is made once in 10 years. However, the wage settlements are made once in 3 years.
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4. The petitioner claims that her husband has been promoted to the managerial cadre, however, he has not been provided with the benefits under the wage settlement and therefore, her husband is entitled for wage revision as per the pay commission recommendations implemented vide G.O.Ms.No.303 at the rate of 2.57 multiplier. Whereas the department claims that the petitioner's husband has availed the wage settlement benefits and therefore, her husband is entitled for pay revision at the rate of 2.44 multiplier.
5. Claiming pay revision @ 2.57 multiplier, some of the workmen have filed writ petitions before the Principal Seat and the same were allowed, confirmed by the Division Bench and also by the Hon'ble Supreme Court. The revision petition filed by the department was dismissed. Therefore, the employees, who have been promoted to the managerial cadre in between 01.01.2016 and 31.10.2018, have been provided with wage revision as per the pay commission revision @ 2.57 multiplier. Therefore, the petitioner has filed this writ petition claiming similar relief.
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6. The main contention of the respondent transport corporation is that this writ petition is liable to be rejected on the ground of laches and that the petitioner's husband has availed the benefits of wage settlement and therefore, her husband is entitled for wage revision as per the award passed by the Arbitrator @ 2.44 factor. In similar issue, this court has also referred the matter to the Arbitrator and Hon'ble Mr Justice E.Padmanaban (retd) has passed an award dated 03.05.2018. The relevant paragraph of the award passed by the Arbitrator reads as under: "120. It is held that the wage scale of employees of the State Transport Undertakings have already been fixed at by 20 applying multiplier factor of 257 as a result of several consecutive revisions reached in a span of once in three years.
Therefore, statutorily the claimants have already been given the benefit of multiplier factor of 2.57 by virtue of earlier three consecutive settlements as well as the latest settlement concluded on 04.01.2018 Therefore, the claimants are not entitled for any further revision of wages than concluded in terms of settlement entered on 04.01.2018. This point is accordingly answered."
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7. The Arbitrator has rejected the claim for revision of pay @ 2.57 multiplier, since the petitioners therein availed the benefits of settlement of the year 2010, 2013, 2016 and 2018. The petitioner herein claims that her husband has not availed the benefit of settlement of the year 2018. Therefore, her husband will not come under that category.
8. Since this Court has already granted the relief to the similarly placed persons, who have been promoted in between 01.01.2016 to 31.10.2018, which has also been confirmed by the Division Bench of this Court and by the Hon'ble Supreme Court, this writ petition is allowed.
9. The petitioner's husband, who has been promoted on 29.02.2016 has not availed wage revision as per wage settlement dated 04.01.2018. Therefore, the petitioner's husband is entitled for the revised scale of pay at the rate of 2.57 as provided to all other Government servants vide G.O.Ms.No.303. In the event, if the petitioner's husband had already availed the benefit under the wage settlement of the year 2018, the same shall be recovered from the petitioner. Since the petitioner has approached this Court belatedly, she is not entitled for the interest. The 6/8
revised scale of pay shall be calculated from the date of the petitioner's husband promotion and shall be disbursed to the petitioner, within a period of six months from the date of receipt of a copy of this order. No costs.
02.02.2026 ogy Index : Yes / No.
Internet : Yes / No.
NCC : Yes / No.
To
1. The Principal Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Transport Corporation (TNSTC) V.M.Chathiram, K.T.C.Nagar, Tirunelveli - 627 011.
3. The General Manager, Tamil Nadu Transport Corporation (TNSTC) Nagercoil Region, Ranithottam, Nagercoil, Kanyakumari District.
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B.PUGALENDHI, J.
ogy
4. The Administrator, TNSTC Employees Pension Fund Trust, Office of the SETC Head Office Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
WP(MD) No.1921 of 2026 02.02.2026 8/8