Madras High CourtWP(MD)/15162/2017disposed of

S.Dinakaran, v. The Tamil Nadu State Transport

2017-08-11Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15162 of 2017 S.Dinakaran ... 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 Pension Fund Trust, 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 01.01.2014 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

O R D E R

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

2.The petitioner is a retired Checking Inspector for the Tamil Nadu State Transport Corporation, Kumbakonam, with effect from 31.12.2013. His grievance is that the respondents have not disbursed any of his pay arrears from 01.09.2010 to 31.12.2013 in https://hcservices.ecourts.gov.in/hcservices/

terms of G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and in terms of the Settlement entered under Section 12(3) of Industrial Disputes Act, 1947 dated 22.01.2011. Therefore, the petitioner has given a representation to the respondents on 28.01.2017 for grant pay revison and retirement benefits in terms of G.O.Ms.No.61, Transport (C) Department dated 30.04.2015. However, the said representation has not been considered so far and hence, the petitioner is present before this Court with this writ petition.

3. Mr.D.Sivaraman, learned Standing Counsel, who takes notice for the respondents 1 and 2, on instructions, sought four weeks time to consider the petitioner's representation. 4.In view of the said submission, the respondents are directed to consider the petitioner's representation dated 28.01.2017, within a period of four weeks from the date of receipt of a copy of this order, in terms of G.O.Ms.No.61, Transport ( C ) Department dated 30.04.2015 and in view of the settlement reached under Section 12 (3) of Industrial Disputes Act, 1947 dated 22.01.2011.

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

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 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.,Pudukottai Region, Pudukottai. 3.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai,Chennai-600 002. +1cc to Mr.D.SIVARAMAN,Advocate,SR.72278 +1cc to Mr.A.RAHUL,Advocate,SR.72242 W.P(MD)No.15162 of 2017 11.08.2017 MRN/RR KK/SKN RSK/SAR 2/19.09.2017/2P- 6C https://hcservices.ecourts.gov.in/hcservices/