Tamil Nadu State Transport v. J.V.Viswanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.566 of 2017 and C.M.P(MD) NO.4709 of 2017

1. Tamil Nadu State Transport Corporation, [Kumbakonam] Limited, Rep by its Managing Director, No.27, New Railway Feeder Road, Kumbakonam 612 001.

2. The General Manager, Law Department, Tamil Nadu State Transport Corporation, [Kumbakonam] Limited, Karaikudi Region, Karaikudi.

: Appellants Vs.

1. J.V.Viswanathan

2. The State of Tamil Nadu, Represented by its Commissioner, Secretary to Government, Transport Department, Fort.St.George, Chennai 600 009.

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

: Respondents PRAYER : Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 26.06.2014 made in W.P.(MD).No.5000 of 2011, on the file of this Court.

Prayer in WP(MD). 5000/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus or any other Writ or Order or Direction in the nature of writ calling for the records pertaining to the resolution No.371 dated 27.9.2010 passed by the Board of directors of TNSTC (Kumbakonam)Ltd.,and consequential impugned order passed by the 3rd respondent in Reference No.Tha.A.Po.Ka/ Sattam/Sa1/631

dated 17.2.2011 and to quash the same as illegal and arbitrary and consequently direct the respondents to extend the benefit of treating the Writ Petitioner as Junior Assistant from the date of his original appointment as clerk in the 2nd respondent Corporation and accordingly direct the respondents to grant periodical review and pass necessary orders to give promotion to the petitioner as superintendent after completion of 24 years of his service and to grant other attendant benefits including arrears of pay, increment, revision of pension and other retiral benefits.

For Appellants : Mr.D.Sivaraman For Respondents No.2 : Mr.VR.Shanmuganathan Special Government Pleader For Respondent No.3 : Mr.K.Sathya Singh Standing Counsel For R1 : No Appearance

JUDGMENT

************* [JUDGMENT of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.D.Sivaraman, learned counsel for appearing the appellants, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the Second respondent Mr.K.Sathya Singh, learned Standing Counsel appearing for the third respondent. By consent, the Writ Appeal is taken up for final disposal at the stage of admission itself.

2. The Writ Appeal is directed against the order dated 26.06.2014 made in W.P.(MD).No.5000 of 2011. The said Writ Petition was filed by the first respondent herein. The first respondent herein questioned the order passed by the appellant dated 17.02.2011 in and by which, the claim made by the first respondent was rejected stating that the first respondent had retired from service with effect from 31.08.2010 and the benefit of re-designation as Junior Assistant cannot be extended to such a retired employee. The Writ Court, after taking into consideration the earlier order passed in the Review Petition in R.A.(MD).No.24 of 2007, dated 15.04.2008, allowed the Writ Petition. It is not in dispute that the order passed in the Review Application has become final and the direction has also been implemented in respect of other similarly placed persons. Therefore, there cannot be any discrimination on the said aspect and the first respondent/Writ Petitioner cannot be treated differently.

3. Mr.D.Sivaraman, learned Standing Counsel for the appellant corporation would submit that the monetary benefit granted by the resolution has been extended to other similarly placed employees with effect from 01.10.2010. Considering the fact that the Writ Petition was allowed following the earlier order, which has

attained finality and the order having been implemented, whatever monetary benefits, which were extended to other similarly placed employees shall be extended to the first respondent herein also.

4. With the above observation, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1. The Managing Director, Tamil Nadu State Transport Corporation, [Kumbakonam] Limited, No.27, New Railway Feeder Road, Kumbakonam 612 001.

2. The General Manager, Law Department, Tamil Nadu State Transport Corporation, [Kumbakonam] Limited, Karaikudi Region, Karaikudi.

3. The Commissioner, State of Tamil Nadu, Secretary to Government, Transport Department, Fort.St.George, Chennai 600 009.

4. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 2.

NB PSM/GT/SAR2/21.06.2017/3P/5C W.A.[MD].No.566 of 2017 05.06.2017