Madras High CourtWP(MD)/13817/2017disposed of

S.Muthukaruppan v. The Tamil Nadu State

2017-07-26Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13817 of 2017 S.Muthukaruppan ... Petitioner -vs1. 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., Pudukottai Region, Pudukottai.

3. The Administrator, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to revise his pay in the post of Checking Inspector with retrospective effect from 01.09.2010 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 from 01.02.2012 to till date together with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For Respondents 1 and 2 : Mr.D.Sivaraman, Standing counsel for TNSTC

ORDER

By consent of both sides, this writ petition is taken up for final disposal.

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2.The petitioner is a retired Conductor from the first respondent Corporation. He was appointed as Conductor with effect from 01.10.1978 and he was also given promotion to the post of Checking Inspector and at the time of retirement, he was serving as Traffic Inspector.

3.The grievance of the petitioner is that the first respondent Corporation is bound to implement the revised pay fixation in the revised retirement benefits applicable to the Checking Inspector and Traffic Inspector in G.O.Ms.No.61, Transport Department, dated 30.04.2015 and also in terms of the settlement reached under Section 12(3) of the Industrial Disputes Act 1947 on 22.01.2011. As the said benefits were not disbursed to him along with arrears, he has given a representation to revise his pay in the post of Checking Inspector with retrospective effect from 01.09.2010 in terms of G.O.Ms.No.61 Transport (C) Department dated 30.04.2015 and the settlement reached under the Industrial Disputes Act and the same has not been considered so far. Therefore, the petitioner is before this Court with the present writ petition.

4. The learned standing counsel for the respondents sought eight weeks time to consider the representation of the petitioner.

5. Recording the same, the 2nd respondent is directed to consider the representation of the petitioner on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar +1 cc to Mr.D.Sivaraman , Advocate in SR.No. 67858 +1 cc to Mr.A.Rahul , Advocate in SR.No. 67815 RR AE/SKN RSK/SAR3/17.08.2017/2P/3C W.P(MD)No.13817 of 2017 26.07.2017 https://hcservices.ecourts.gov.in/hcservices/