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Madras High CourtWP(MD)/9839/2018disposed of

C.Thiyagarajan, v. The Management Of Tamil Nadu

2018-04-27Honourable Mr Justice T. S. Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.9839 of 2018 C.Thiyagarajan .. Petitioner Vs

1. The Management of Tamil Nadu, State Transport Corporation, (Kumbakonam) Ltd., Represented by its, Managing Director, Kumabkonam.

2. The General Manager, (Kumbakonam) ltd., Kumbakonam Region, Kumbakonam.

3. The Administrator, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to fix the petitioner's pay and grade pay at the Rs.9300-34800+4300/- with retrospective effect from 01.09.2010 and consequently directing the respondents to revise and re-fix his retirement benefits and to pay other attendant monetary benefits based on the new scale of pay of Rs.9300-34800+4300 (Grade Pay) and to disburse the difference in retirement benefits to him with interest at the rate of 18% per annum payable from 01.09.2010 to till the date of actual payment within the time limit that may be fixed by this Court.

For Petitioner ...

Mr.A.Rahul For R1 & R2 ...

Mr.D.Sivaraman For R3 ...

Mr.K.Sathiyasingh

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal.

2.Heard Mr.A.Rahul, learned counsel appearing for the petitioner, Mr.D.Sivaraman, learned Standing counsel appearing for the respondents 1 & 2 and Mr.K.Sathiyasingh, learned Standing counsel appearing for the third respondent.

3.Though the petitioner has filed this writ petition to direct the respondents to fix the petitioner's pay with retrospective effect and consequently re-fix his retirement benefits, the learned counsel for the petitioner submitted that the petitioner would be satisfied if his representation, dated 12.03.2018 is considered.

4.The learned counsel for the respondents submitted that reasonable time may be granted to the authorities to consider the representation.

5.Accordingly, there will be a direction to the third respondent to consider the petitioner's representation, dated 12.03.2018 and pass 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. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, (Kumbakonam) Ltd., Kumabkonam.

2. The General Manager, (Kumbakonam) ltd., Kumbakonam Region, Kumbakonam.

3. The Administrator, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

+ 1 cc TO Mr.A.Rahul , Advocate in SR No. 64720 + 1 cc TO Mr.D.Sivaraman , Advocate in SR No. 64736 am AE/SV MMS/SAR3/14.05.2018/3P/6C W.P.(MD)No.9839 of 2018 27.04.2018