Madras High CourtWP(MD)/14499/2017disposed of

K.Karunakaran, v. The Tamil Nadu State Transport

2017-08-03Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14499 of 2017 K.Karunakaran ... Petitioner Vs.

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

2. The General Manager, (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3. The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to refix and revise the petitioner's pay for the period from 01.09.2013 to 31.03.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5% and further directing the Respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.04.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner : Mr.A.Rahul For Respondents 1 and 2 : Mr.D.Sivaraman Standing counsel for TNSTC For Respondent No.3 : Mr.A.P.Muthupandian

ORDER

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

2.The petitioner is a retired Selection Grade Driver from the first respondent Transport Corporation and retired from service with effect from 31.03.2014. The grievance of the petitioner is that he is entitled to get pay revision arrears at the rate of 5.5% on his Basic Pay and Grade Pay and Grade Pay has to be given from 01.09.2013. More over, while computing his retiral benefits, the 12 (3) settlement was not taken into account from 13.04.2015. Therefore, the petitioner gave a representation on 30.06.2017, stating that he is entitled to get pay revision from 01.09.2013 to 31.03.2014 and the same is kept pending. Hence, the petitioner has come before this Court with the present writ petition.

3. Mr.D.Sivaraman, learned Standing counsel for TNSTC, who takes notice for the first and second respondents and Mr.A.P.Muthupandian, learned counsel who takes notice for the third respondent sought four weeks time to consider the petitioner's representation dated 30.06.2017.

4. In view of the above, the first and third respondents are directed to dispose of the petitioner's representation dated 30.06.2017, on merits, within a period of four weeks from the date of receipt of a copy of this order.

5.This Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, (Kumbakonam) Ltd., Kumbakonam.

2. The General Manager, (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3. The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 70108 + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 70059 MRN/MR TE/KP/SAR-IV : 11/08/2017 : 3P/6C W.P.(MD)No.14499 of 2017 03.08.2017