Madras High CourtWP(MD)/17218/2018disposed of

Sree Kumar, v. The Secretary

2018-08-02Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17218 of 2018

1) Sree Kumar

2) Mohanan Nair

3) Sanal Kumar

4) Rajamoni

5) Thankamoni

6) P.Salomon Pauldhas

...Petitioners

Vs 1)The Secretary, Transport Department, Secretariat, Chennai- 600 009 2)The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli 627 011 3)The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ or order or direction in the nature of a writ directing the Respondents herein to implement the 13th Wage Settlement Terms No.5 in Checking Inspector / Driving Instructors (CI/DI) and Security Supervisor pay band of Rs.9,300/-Rs.34,800/- and grade pay Rs.4,300/- with effect from 1-9-2010 on the basis of petitioners representation dated 2-7-2018, and consequently, the respondents to give all other monitory benefits to the petitioners forthwith.

For Petitioners: Mr.N.S.Ramakrishna Dass For R1 : Mr.M.Murugan, Government Advocate.

For RR 2 & 3 : Mr.K.Sathiya Singh, Standing Counsel.

ORDER

The prayer sought for in this Writ Petition is for a Writ of Mandamus directing the respondents herein to implement the 13th Wage Settlement Terms No.5 in Checking Inspector / Driving Instructors (CI/DI) and Security Supervisor pay band Rs.9,300/- Rs.34,800/- and Grade Pay Rs.4,300/- with effect from 01.09.2010 on the basis of petitioner's representation dated 02.07.2018 and consequently, the respondents to give all other monitory benefits to the petitioners forthwith.

2. Heard Mr.N.S.Ramakrishna Dass, learned counsel appearing for the petitioners and Mr.M.Murugan, learned Government Advocate appearing for the first respondent and Mr.K.Sathiya Singh, learned standing counsel appearing for the respondents 2 & 3.

3. Learned counsel appearing for the petitioners would submit that, the petitioners were working as Checking Inspectors / Driving Instructors (CI/DI) at the respondent Corporation and on superannuation, all these petitioners retired from service on various dates between 01.09.2010 to 31.08.2017.

4. Pursuant to the 13th Wage Settlement of the Transport Corporation of the Government of Tamil Nadu under Section 12(3) of the Industrial Disputes Act, 1947 dated 04.01.2018, the petitioners are entitled to get higher pay, of course, notionally, from the year 2010 and accordingly, their pay has to be fixed notionally and the monetary benefits by way of pension has to be given to them by the respondent Corporation. However, the said follow up action was not taken by the respondent Corporation, pursuant to under Section 12(3) of the 13th Wage Settlement Terms. Therefore, in this regard, the petitioners have made request by way of representation dated 02.07.2018.

5. Learned counsel appearing for the petitioners would submit that, if the said representation dated 02.07.2018 given by the petitioners is directed to be considered on merits and an order to that effect is directed to be passed within a time frame that may be fixed by this Court, the petitioners would be satisfied.

6. I have heard Mr.M.Murugan, learned Government Advocate appearing for the first respondent, who would submit that the said representation of the petitioners dated 02.07.2018 would be considered on merits and in accordance with law and an order to that effect would be directed to be passed by the respondents, within a time frame that may be fixed by this Court.

7. Considering the said submissions made by both sides and by taking into account the limited scope of the writ petition, this Court is inclined to pass the following orders: "that the respondents are directed to consider the representation of the petitioners dated 02.07.2018 on

merits and in accordance with law and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order."

8. With the above direction, this Writ Petition is disposed of. However, there shall be no orders as to costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV) To 1)The Secretary, Transport Department, Secretariat, Chennai- 600 009.

2)The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli 627 011.

3)The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai.

+ 1 CC TO MR.N.S.RAMAKRISHNA DASS, ADVOCATE IN SR NO.76923 + 1 CC TO MR.K.SATHIYA SINGH , ADVOCATE IN SR NO.77339 STS BU/SKN/SAR-IV :19.11.2018 : 3P/6C Order made in W.P.(MD)No.17218 of 2018 02.08.2018