V.Tamilarasan,S/O.Varadharajan v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD) No.15276 of 2017 V.Tamilarasan .. Petitioner

Versus

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.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to pay the difference amount in gratuity and terminal leave salary based on VI pay commission recommendations in terms of G.O.M.S.No.250, Finance (BPE) Department, dated 17.06.2009 together with interest at the rate of 18% per annum from the date of the petitioner's retirement to till the date of payment within the time frame that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

O R D E R

Initially, the petitioner was employed as a Junior Assistant in the respondents Transport Corporation and later on, promoted as Superintendent. He retired from service on 31.08.2009. 2.His grievance is that he is entitled to revision of scale of pay in the post of Superintendent as per G.O.Ms.No.250, Finance (BPE) Department, dated 17.06.2009. Since his pay has not been revised, he made representations, dated 21.06.2017 and 08.07.2017 therefor and that the same have not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to pay the difference amount in gratuity and leave salary based on VI Pay Commission recommendations in terms of G.O.Ms.No.250, Finance (BPE) Department, dated 17.06.2009 together with interest at the rate of 18% per annum from the date of his https://hcservices.ecourts.gov.in/hcservices/

retirement to till the date of payment within the time frame that may be fixed by this Court.

3.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representations of the petitioner, the last of which was dated 08.07.2017 and to pass orders.

4.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representations of the petitioner, the last of which was dated 08.07.2017, in the light of G.O.Ms.No.250, Finance (BPE) Department, dated 17.06.2009 and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar +1cc to Mr.D.SIVARAMAN Advocate in SR. No. 72771 +1cc to Mr.A.RAHUL Advocate in SR. No.72678 MM/SMN2 JS/SV.MMS/SAR.1/8.9.2017/2P-3C W.P.(MD) No.15276 of 2017 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/