S.Ragunathan, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.7871 of 2019 S.Ragunathan ... Petitioner vs.
1.The Managing Director, Corporation Tirunelveli Ltd., Tirunelveli.
2.The General Manager, Corporation Tirunelveli Ltd., Ranithottam, Nagercoil - 629 001, Kanyakumari District.
3.The Administrator, Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents herein to pay the 4th and 5th review benefits of Grade Pay, salary, increment arrears, different amount of Gratuity and all other monetary benefits to the petitioner as per the G.O.Ms.No.61 dated 30.04.2015 with effect from 01.09.2010 forth with.
For Petitioner : Mr.N.S.Ramakrishnadass For Respondents : Mr.K.Sathiyasingh
ORDER
Seeking a direction to the respondents 2 and 3 to pay 4th and 5th review benefits of grade pay, salary, increment arrears, different amount of gratuity etc., to the petitioner, as per the G.O.Ms.No.61 dated 30.04.2015 with effect from 01.09.2010, the petitioner is before this Court.
2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.
3.The case of the petitioner is that he was employed as a Driving Instructor in the third respondent Corporation and he retired from service on 30.09.2013. According to the petitioner, he is entitled to get 4th and 5th review benefits of grade pay, salary, increment arrears, different amount of gratuity etc., as per G.O.Ms.No.61 dated 30.04.2015. Since such benefits have not been granted to the petitioner as per the above Government Order, he made a representation dated 10.12.2018 to the respondents and the same is pending without consideration. Therefore, the petitioner is before this Court seeking the above said relief.
4.The learned Standing Counsel appearing for the respondents would submit that if a reasonable time is granted to the respondents, the representation of the petitioner will be considered on merits and suitable orders be passed.
5.In view of the submission made by the learned Standing Counsel appearing for the respondents, the respondents are directed to consider the petitioner's representation dated 10.12.2018 in the light of G.O.Ms.No.61 dated 30.04.2015 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
6.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Managing Director, Corporation Tirunelveli Ltd., Tirunelveli.
2.The General Manager, Corporation Tirunelveli Ltd., Ranithottam, Nagercoil - 629 001, Kanyakumari District.
3.The Administrator, Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
+1 CC to M/s.N.S.RAMAKRISHNA DASS, Advocate ( SR-58790[F] dated 04/04/2019 ) +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-59035[F] dated 04/04/2019 ) W.P(MD) No.7871 of 2019 03.04.2019 SP/3P/6C