P.Ramadoss, S/O. Shanmugam v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14124 of 2017 P.Ramadoss ... Petitioner -vs1. The Tamil Nadu State Transport Represented by its Managing Director, Kumbakonam.

2. The General Manager, Pudukottai Region, Pudukottai.

3. The Administrator, 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 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 01.01.2014 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.

2.The petitioner is a retired Checking Inspector from the Transport Corporation. He retired from service with effect from 31.07.2013 on reaching the age of superannuation. His grievance is that in terms of the settlement reached between the Management and the representatives of the Trade Unions under Section 12(3) of Industrial Disputes ACt, 1947, his pay has not been fixed in the post of Checking Inspector/Driving Inspector and also in terms of G.O.Ms.No.61 Transport(C) Department dated 30.04.2015 and for which, he has given a representation and the same has not been considered so far. Therefore, the petitioner is before this Court with this writ petition.

3.The learned standing counsel for the respondents sought time to consider the representation of the petitioner.

4. Recording the same, the 2nd respondent is directed to consider the representation of the petitioner, in view of the settlement under Section 12(3) of the Industrial Disputes Act and in terms of G.O.Ms.No.61 Transport(C) Department dated 30.04.2015, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

1. The Managing Director, Kumbakonam.

2. The General Manager, Pudukottai Region, Pudukottai.

3. The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1 cc to Mr.D.Sivaraman , Advocate in SR.No. 68882 +1 cc to Mr.A.Rahul , Advocate in SR.No. 68892 RR AE/SKN RSK/SAR4/17.08.2017/3P/6C W.P(MD)No.14124 of 2017 31.07.2017