Madras High CourtWP(MD)/14473/2018disposed of

K.Maruthamuthu v. The Management Of

2018-07-06Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.14473 of 2018 K.Maruthamuthu : Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its General Manager, Trichy.

2. The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to pay difference/arrears of wages to the petitioner for the period from 01.08.2012 to 28.02.2015 based on the revised scales of pay as re-fixed and as mentioned in his service register and also to pay the petitioner difference in terminal benefits namely Gratuity, Encashment of Leave and etc., based on such re-fixed wages payable to the petitioners on the month of retirement, together with 18% interest per annum and further, directing the respondents to revise the petitioner's pension from 01.03.2015 based on such re-fixed wages payable to the petitioner on the month of the petitioner's retirement and to pay the petitioner arrears of the same for the period from 01.03.2015 together with 18% interest per annum, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman ******

ORDER

The petitioner has come forward with the present Writ Petition seeking for the issuance of a Writ of Mandamus, directing the first respondent to pay difference/arrears of wages to the petitioner for the period from 01.08.2012 to 28.02.2015 based on the revised scales of pay as re-fixed and as mentioned in his service register and also to pay him difference in his terminal https://hcservices.ecourts.gov.in/hcservices/

benefits namely Gratuity, Encashment of Leave and etc., based on such re-fixed wages payable to him on the month of his retirement, together with 18% interest per annum and further, directing the respondents to revise his pension from 01.03.2015 based on such re-fixed wages payable to him on the month of his retirement and to pay him arrears of the same for the period from 01.03.2015 together with 18% interest per annum, within a time stipulated by this Court.

2. Mr.D.Sivaraman, learned Standing Counsel, takes notice on behalf of the respondents.

3. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4. Seeking such relief, the petitioner has sent a representation dated 30.03.2017 to the first respondent and since the same has not been considered so far, the petitioner is before this Court with the present Writ Petition for the reliefs as stated above.

5. Considering the facts and circumstances of the case, without going into the merits of the case, a direction is given to the first respondent to consider and dispose of the representation made by the petitioner dated 30.03.2017 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is also directed to send a copy of the representation dated 30.03.2017 along with a copy of this order to the first respondent forthwith.

6. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar +1cc to Mr.S.Arunachalam, Advocate Sr.No.71855 +1cc to Mr.D.Sivaraman, Advocate Sr.No.71580 SML VB/PN/SAR3/23.07.2018/2P/3C Order made in W.P.(MD)No.14473 of 2018 Dated: 06.07.2018 https://hcservices.ecourts.gov.in/hcservices/