Manoharan.P v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.02.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.2474 of 2024 P.Manoharan ....Petitioner Vs 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.
3.The General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 005.
4.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai-600 002.
...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the Terminal Benefits, payable to the petitioner such as difference in Gratuity, Leave Salary, and Pension amount of Rs.2,77,601/- in terms of G.O. (MS)No.134 Transport (D) Department, dated 09.04.2018 and G.O.(Ms)No.142 Transport 1/6
(E) Department, dated 26.08.2019 along with the Government clarification letter No: file:1706-C1.2023-1, dated 25.05.2023 and all other attendant benefits to him with interest at the rate of 12% per annum from 01.10.2017 to till the date of payment.
For Petitioner : Mr.A.K.Thangavelu For R1 :Mr.J.K.Jayaseelan Government Advocate For R2 & R3 :Mr.Ramachandra Pradeep Standing Counsel For R4 :Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to settle the Terminal Benefits, payable to the petitioner such as difference in Gratuity, Leave Salary, and Pension amount of Rs.2,77,601/- in terms of G.O. (MS)No.134 Transport (D) Department, dated 09.04.2018 and G.O.(Ms)No.142 Transport (E) Department, dated 26.08.2019 along with the Government clarification letter No: file:1706-C1.2023-1, dated 25.05.2023 and all other attendant benefits to him with interest at the rate of 12% per annum from 01.10.2017 to till the date of payment.
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
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3. The petitioner joined as Technician in the respondent corporation with effect from 25.08.1981 and his service has been regularized as Junior Engineer with effect from 25.08.1982. Later, he was promoted as Assistant Manager and on attaining the age of superannuation, he was allowed to retire from service on 31.01.2016. After the petitioner's retirement, the Government had issued G.O.Ms.No.134 Transport (D) Department, dated 09.04.2018, by which it was ordered to implement the Tamil Nadu Revised Pay Rules, 2017 and made applicable to the Managerial Cadre Officers and Technical/Administrative Supervisory Cadre Employees of State Transport undertaking as per 7th Pay Commission Recommendations. In view of the fact that the petitioner is drawing only meager pension amount, he made a representation, dated 28.09.2023 and 03.01.2024 seeking to revise the pay revision in terms of G.O.Ms.No.134 Transport (D) Department, dated 09.04.2018. However, the same was not considered.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in 3/6
invoking the extraordinary powers under Article 226 of the Constitution of India.
5. This Court hereby direct the respondents to consider the representation and settle the terminal benefits payable to the petitioner such as difference in gratuity, leave salary and pension amount in terms of G.O.Ms.No.134 Transport (D) Department, dated 09.04.2018 and G.O. (Ms)No.142 Transport (E) Department, dated 26.08.2019 and all other attendant benefits to the petitioner with interest at the rate of 6% per annum from 01.10.2017 till the date of payment.
6. Accordingly, this Writ Petition stands disposed of. No costs 07.02.2024.
Internet : Yes Index : Yes/No NCC : Yes/No gbg To 1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai-600 009.
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2.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.
3.The General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 005.
4.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai-600 002.
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L.VICTORIA GOWRI, J.
gbg W.P.(MD).No.2474 of 2024 07.02.2024 6/6