Rajaraman.L v. The Tamil Nadu State Transport Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI L.Rajaraman ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam-612 001.
2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam-612 001.
3. The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvallur House, Anna Salai, Chennai-600 002.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the petitioner's pay and to pay difference in salary, difference in Earned Leave Salary, arrears of pension from August 2017 to October 2019 together with interest at the rate of 18% per annum and also to pay the interest at the rate of 18% per annum on belated payment of Difference in Commuted Value of Pension for the period from August 2017 to October 2019 in terms of 7th pay commission recommendations for revision of pay and as per G.O.Ms.No.134, Transport (D) Department, dated 09.04.2018 within the time limit that may be fixed by this Court.
For Petitioner : Mr.D.Senthil Kumar For R1 & R2 : Mr.D.Sivaraman Standing Counsel for TNSTC For R3 : Mr.A.Swaminathan 1/3
ORDER
Mr.D.Sivaraman, learned standing counsel accepts notice for the respondents 1 & 2 and Mr.A.Swaminathan, learned counsel accepts notice for the third respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.
2. The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay and consequently pay the difference in Salary, difference in Earned Leave Salary and Arrears of Pension, from August 2017 to October 2019 together with interest @ 18% p.a., and also to pay the interest @ 18% p.a., on belated payment of difference in commuted value of pension from August 2017 to October 2019.
3. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner brought to the notice of this Court that the issue involved in this writ petition has already been dealt with by this Court in W.P.(MD) No.23040 of 2019, vide order dated 07.01.2020 [S.Thenpandian vs. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy and another].
4. Mr.D.Sivaraman, learned standing counsel appearing for the respondents 1 & 2 also admitted that the issue involved in the writ petition is covered by the order passed by this Court in W.P.(MD) No.23040 of 2019 dated 07.01.2020.
5. The relevant portion of the aforesaid order made in W.P.(MD) No.23040 of 2019, dated 07.01.2020,reads as follows:- "4. In view of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 28.09.2019, in the light of G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 and G.O.Ms.No.134 Transport (D) Department, dated 09.04.2018, on its own merits and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the respondent to consider it in accordance with law. "
6. In view of the submissions made by the respective learned counsels that the issue involved in the present writ petition is covered by the aforesaid order, this Court is of the view that the same order can be passed in the present writ petition also. 2/3
7. Accordingly, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 05.03.2021, in the light of G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017 and G.O.Ms.No.134, Transport (D) Department, dated 09.04.2018, on its own merits and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam-612 001.
2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region,Kumbakonam-612 001.
3. The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvallur House, Anna Salai,Chennai-600 002.
+1 CC to M/s.D.SIVARAMAN, Advocate (SR-21977[F] dated 09/07/2021) +1 CC to M/s.D.SENTHIL KUMAR, Advocate (SR-21992[F] dated 09/07/2021) 09.07.2021 RC (26.07.2021) 3P-6C 3/3