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Madras High CourtWP(MD)/3228/2018allowed

P.Veerappan, Traffic Inspector v. The Addditionalchief Secretary

2018-03-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.3228 to 3232 of 2018 P.Veerappan

...Petitioner in W.P.(MD).No.3228 of 2018

R.Karuppiah

...Petitioner in W.P.(MD).No.3229 of 2018

R.Sundaram

...Petitioner in W.P.(MD).No.3230 of 2018

G.Vijayapandian

...Petitioner in W.P.(MD).No.3231 of 2018

V.Rengan

...Petitioner in W.P.(MD).No.3232 of 2018

Vs.

1.The Additional Chief Secretary to Government, Transport Department and the Chairman of all State Transport Corporations, Secretariat, Chennai-600 009.

2.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

3.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

...Respondents in all Petitions

COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders dated 06.03.2017, passed by the second respondent in his reference No. ghh;it:: jmnghf / rl;lk; / r1 / 153 and quash the same and consequently to direct the respondents to grant 4th and 5th review benefits and pay revisions and pension revisions, in the light of the G.O.(Ms).No.61, Transport (C) Department dated 30.04.2015 and in terms of settlement dated 22.01.2011 entered into under Section 12

(3) of the Industrial Dispute Act.

In all Writ Petitions For Petitioners : Mr.C.Thangamani For R1 : Mr.K.Saravanan Government Advocate For R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

COMMON ORDER Heard Mr.K.Saravanan, learned Government Advocate, appearing for the first respondent, Mr.D.Sivaraman, learned Standing Counsel, appearing for the second respondent and Mr.A.P.Muthupandian, learned counsel, appearing for the third respondent.

2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission.

3.The petitioners herein are the retired employees of the respondents/Corporation, details of which are as under: t.vz;

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01.09.2010 Kjy;

Cjpa cah;t [ mog;gil Cjpak;

ju Cjpak;

1.

tp.buq;fd;

78ov];3012 31.01.2012 12>200 4>400 2.

gp.tPug;gd;

75ov];3020 31.07.2013 12>390 4>400 3.

Mh;.Re;juk;

77ov];3020 31.05.2013 12>390 4>400 4.

Mh;.fUg;igah 74ov];3044 31.12.2010 12>200 4>400 5.

$p.tp$a ghz;oad;

73ov];3041 31.12.2010 12>390 4>400 4.It is seen that the petitioners retired between 31.12.2010 and 31.07.2013. After they retired from service, there was a wage settlement entered into between the management and the employees. Pursuant to the wage settlement, G.O.(Ms).No.61, Transport (C) Department, dated 30.04.2015 was issued.

5.A mere look at the said G.O.(Ms).No.61, Transport (C) Department, dated 30.04.2015, would indicate that it came into effect from 01.09.2010. The petitioners retired from service after the said date. Therefore, the said Government Order is clearly applicable to the case of the petitioners also. This has not been taken into account. Accordingly, the orders impugned in the Writ Petitions stand quashed.

6.The respondents are directed to extend the benefits payable under the aforesaid Government Order to the petitioners. It is needless to mention that their pay as well as pension will have to be correspondingly revised. Such orders of revision will be issued within a period of eight weeks from the date of receipt of a copy of this order and the arrears amount will also be disbursed shortly thereafter.

7.With these directions, the Writ Petitions stand allowed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Additional Chief Secretary to Government, Transport Department and the Chairman of all State Transport Corporations, Secretariat, Chennai-600 009.

+5cc to M/S.C.Thangamani, Advocate SR.No. 54817 to 54821 +5cc to M/S.D.Sivaraman, Advocate SR.No. 54700 to 54703, 54699 +1cc to Special Government Pleader, SR.No. 54923 ORDER MADE IN W.P.(MD).Nos.3228 to 3232 of 2018 12.03.2018 tsg JM/SKN RSK/SAR 4/16.03.2018/3P/13C