Madras High CourtWP(MD)/11459/2017disposed of

R.Mahalingam, v. The Tamil Nadu State Transport

2017-06-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11459 of 2017 R.Mahalingam .. Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2. The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

3. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Palavan Salai, Chennai - 600 002. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise his pay in the Post of Checking Inspector with retrospective effect from 19.07.2011 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 and further directing the respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to him form 01.05.2012 to till date together with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For Respondents 1 & 2 : Mr.D.Sivaraman, Standing Counsel for TNSTC For 3rd Respondent : Mr.A.P.Muthupandian Standing Counsel for TNSTC

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to revise his pay in the Post of Checking Inspector with https://hcservices.ecourts.gov.in/hcservices/

retrospective effect from 19.07.2011 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 and further directing the respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to him form 01.05.2012 to till date together with interest at the rate of 18% per annum.

2.Though the writ petition is filed for issuance of the Writ of Mandamus, to give positive direction to the respondents, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the respondents to consider his representation dated 29.05.2017, and pass orders in the light of G.O.Ms.No.61, Transport (C) Department dated 30.04.2015, within a time frame stipulated by this Court. 3.Having regard to the limited scope of the prayer now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following order: The respondents are directed to consider the petitioner's representation dated 29.05.2017 in the light of G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and pass order on the same on merits and in accordance with law within a period of 6 weeks from the date of receipt of a copy of this order.

4. With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar +1cc to Mr.A.Rahul, Advocate Sr.No.61381 +1cc to Mr.D.Sivaraman, Advocate Sr.No.61363 VB/GT/SAR2/07.07.2017/2P/3C ORDER MADE IN W.P.(MD).No.11459 of 2017 21.06.2017 https://hcservices.ecourts.gov.in/hcservices/