Madras High CourtWP(MD)/21607/2015disposed of

K.Allimuthu, v. The State Of Tamil Nadu,

2016-01-20Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2016

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD)No.21607 of 2015 K.Allimuthu .. Petitioner Vs 1.The State of Tamil Nadu rep.by its Secretary to Government, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St.George, Chennai-600 009.

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

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to revise pay of the petitioner for the period from 01.09.2013 to 31.03.2015 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further directing the Respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 and to pay him the difference in retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.04.2015 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner : Mr.A.Rahul For Respondents : Mr.T.R.Janardhanan, Additional Govt. Pleader for R1 Mr.D.Sivaraman for R2 and R3

ORDER

Though the prayer in the writ petition is widely worded, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if his representation dated 12.08.2015 is disposed of by the General Manager of the respondent Transport Corporation, within a stipulated time, in the light of the settlement dated 13.04.2015. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel on either side.

3.In view of the limited prayer made, the General Manager of the respondent Transport Corporation is directed to pass orders on the representation dated 12.08.2015 made by the petitioner, on merits and in accordance with law, taking into account the settlement dated 13.04.2015, within a period of eight weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St.George, Chennai-600 009.

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

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2. +one cc to Mr.A.Rahul, Advocate in SR.No.3258 +two cc's to Mr.D.Sivaraman, Advocate in SR.No.3188 KM CSL/PM-MP/03.02.2016 2P/7C W.P.(MD)No.21607 of 2015 20.01.2016 https://hcservices.ecourts.gov.in/hcservices/