Madras High CourtWP(MD)/21605/2015disposed of

M.Rajasekaran, v. The State Of Tamil Nadu,

2015-12-03Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P(MD)No.21605 of 2015 M.Rajasekaran ... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Secretary to Government, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St. George, Chennai-9.

2. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, represented by its Managing Director, Kumbakonam.

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

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to revise pay, review benefits of the petitioner for the period from 01.09.2013 to 31.05.2014 with enhanced dearness allowances at the rate of 100% based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and in terms of G.O.(Ms)No.61 Transport (c) Department dated 30.04.2015 and G.O.No.55 Finance (Allowances) Department dated 04.06.2014 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.05.2014 and to pay difference amount in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.06.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner : Mr.A.Rahul For R1 : Mr.T.R.Janarthanam Additional Govt. Pleader For R2 and R3 : Mr.D.Sivaraman

O R D E R

Though the prayer in the writ petition is widely worded, the learned counsel appearing for the petitioner has submitted that the petitioner will be satisfied, if his representation dated 07.11.2015 is disposed of by the second respondent in the light of G.O.(Ms)No.61 https://hcservices.ecourts.gov.in/hcservices/

Transport (c) Department, dated 30.04.2015 and the settlement, dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947.

2. In view of the limited prayer made, a direction is issued to the second respondent to dispose of the representation referred to above by taking into account G.O.(Ms)No.61 Transport (c) Department, dated 30.04.2015 and the settlement, dated 13.04.2015 entered under Section 12

(3) of Industrial Disputes Act, 1947, within a period of eight weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub AssistantRegistrar To

1. The Secretary to Government, State of Tamil Nadu, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St. George, Chennai-9.

2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

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

+2cc to Mr.D.Sivaraman, Advocate Sr.NO.69298 +1cc to Mr.A.Rahul, Advocate SR.No.69191 +1cc to special Government Pleader SR.No.69410 sm:sks-rr:14.12.2015:2P/8C W.P(MD)No.21605 of 2015 03.12.2015 https://hcservices.ecourts.gov.in/hcservices/