Madras High CourtWP(MD)/17221/2017disposed of

A.Raja, S/O.N.Arunachalam, v. Tamil Nadu State Transport

2017-09-14Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.17221 of 2017 A.Raja ... Petitioner vs.

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., Trichy Region, Trichy.

3)The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to pay the petitioner difference amount in his salary for the period from 01.09.2013 to 31.01.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension based on the Settlement under Section 12(3) of the ID Act dated 13.04.2015 and GO.Ms.No.81 Transport (C1) Department dated 16.09.2016 with all other attendant benefits payable from 01.02.2014 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 : Mr.D.Sivaraman Standing Counsel for TNSTC

ORDER

Although the petitioner seeks for issuance of a Writ of Mandamus, directing the respondents to pay his salary for the period from 01.09.2013 to 31.01.2014 and to pay difference in his https://hcservices.ecourts.gov.in/hcservices/

retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension based on the Settlement under Section 12(3) of the ID Act dated 13.04.2015 and GO.Ms.No.81 Transport (C1) Department dated 16.09.2016 with all other attendant benefits payable from 01.02.2014 to till date together with interest at the rate of 18% per annum based on the said settlement, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to the respondents to pass orders on the representation of the petitioner dated 15.12.2016 in the light of G.O.Ms.No.81, Transport(C1) Department dated 16.09.2016 and Settlement under Section 12(3) of the ID Act dated 13.04.2015, within a time frame.

2.In view of the limited relief sought for, without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 15.12.2016 in the light of G.O.Ms.No.81, Transport(C1) Department dated 16.09.2016 and Settlement under Section 12(3) of the ID Act dated 13.04.2015 and pass appropriate orders on merits 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 To +1cc to M/S.A.Rahul, Advocate SR.No. 79250 +1cc to M/S.D.Sivaraman, Advocate SR.No. 79182 WP(MD)No.17221 of 2017 14.09.2017 NBI JM/SKN RSK/SAR 1/27.09.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/