S.Natarajan, S/O.Subramanian v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.623 of 2018 S.Natarajan .. Petitioner Vs.
1. The State of Tamil Nadu, Rep by its Secretary to Government, Transport Department and Chairman of Board of Director of State Transport Undertakings, Fort St. George, Chennai-9.
2. The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Limited, 37, Mettupalayam Road, Coimbatore - 641 043.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai - 600 002.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing respondents to grant the petitioner's fourth and fifth revised benefits and revise the petitioner's pay in the post of Senior Checking Inspector with retrospective effect from 01.09.2010 in terms of Government Order in G.O.(Ms).No.61, Transport (C) Department, dated 30.04.2015 and as per 12(3) Settlement dated 13.04.2015 and further directing the respondents to pay the petitioner difference amount in the petitioner's salary from 01.09.2010 to 31.05.2012 and to pay difference in his retirement benefits including difference in monthly pension, Gratuity, Leave Salary, Commuted value of pension and all other attendant benefits payable to the petitioner from 30.04.2017 to till date together with reasonable rate of interest. For petitioner : Mr.S.Royce Immanuel For R-1 : Mrs.S.Srimathy Special Government Pleader For R-2 & R-3 : Mr.Sathiyasingh Standing Counsel
O R D E R
*********** Mrs.S.Srimathy, learned Special Government Pleader takes notice for the first respondent.
2.Mr.Sathiya Singh, learned Standing Counsel takes notice for second and third respondents.
3. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.
4. Heard Mr.S.Royce Immanuel, learned Counsel appearing for the petitioner, Mrs.S.Srimathy, learned Special Government Pleader appearing for the first respondent and Mr.Sathiyasingh, learned Standing Counsel appearing for the second and third respondents.
5. The learned Standing Counsel appearing for the second and third respondent would fairly concede that the issue on hand is covered by the earlier order dated 18.12.2017 made in W.P.(MD). No.23062 of 2017.
6. In the light of the same, the present writ petition is also disposed of as under:
Accordingly, this writ petition is disposed of with a direction to the third respondent to dispassionately consider the representation of the petitioner dated 26.12.2017, and pass reasoned orders thereon, on merits and in accordance with law and communicate such decision to the petitioner and file a report of such compliance before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai on or before 28.02.2018. It is needless to add here that the admitted amount of monetary benefits shall be expeditiously disbursed by the respondents to the petitioner and in any event, within a period of one month from the date of passing of the order disposing the representation. No costs.
Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To:
1. The Secretary to Government of Tamil Nadu, Transport Department and Chairman of Board of Director of State Transport Undertakings, Fort St. George, Chennai-9.
2. The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Limited, 37, Mettupalayam Road, Coimbatore - 641 043.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai - 600 002.
+ 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 41800 + 1 CC TO M/s.ROYCE IMMANUEL.S, ADVOCATE IN SR No. 41662 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 42318 KMI TE/MR/SAR-3 : 01/02/2018 : 3P/7C ORDER MADE IN W.P. (MD) No.623 of 2018 11.01.2018