R.Singaram, S/O.Ramasamy, v. The Tnstc (Kum) Ltd., Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.21418 of 2018 R.Singaram ...
Petitioner Vs.
1. The Tamil Nadu State Transport Corporation, Represented by its Managing Director, Kumbakonam.
2. The General Manager, State Transport Corporation, Kumbakonam Region, Pudukottai.
3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 2.
...
Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the petitioner's pay as per settlement under Section 12(3) of the ID Act, dated 22.01.2011 and consequential G.O.Ms.No.61, Transport Department, dated 30.04.2015 with retrospective effect from 12.01.2012 and consequently directing the respondents to disburse difference amounts in his salary for the period from 12.01.2012 to 30.04.2015 with interest at the rate of 18% per annum payable from 01.05.2015 to till the date on which the actual payment is made within the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman (R1&R2) Standing Counsel For Respondent-3 : Mr.A.P.Muthupandian
O R D E R
The petitioner has come forward with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay as per settlement under Section 12(3) of the ID Act, dated 22.01.2011 and consequential G.O.Ms.No.61, Transport Department, dated 30.04.2015 with retrospective effect from 12.01.2012 and consequently directing the respondents to disburse difference amounts in his salary for the period from 12.01.2012 to 30.04.2015 with interest at the rate of 18% per annum payable from 01.05.2015 to till the date on which the actual payment is made within the time that may be stipulated by this Court.
2. Mr.D.Sivaraman, the learned Standing Counsel takes notice for the respondents 1 & 2. Mr.A.P.Muthupandian, the learned Standing Counsel takes notice for R3.
3. The learned counsel appearing for the petitioner submitted that it would suffice if the representations of the petitioner, dated 31.08.2018 is disposed, in terms of G.O.(Ms)No.61, Transport Department, dated 30.04.2015, and in accordance with law, within a time frame to be fixed by this Court.
4.In view of the limited scope of the prayer, without going into the merits of the matter, the Authority concerned is directed to consider the representation of the petitioner, dated 31.08.2018, in accordance with law, after affording an opportunity of hearing to the petitioner, pass appropriate orders within a period of two months from the date of receipt of a copy of this order, if there are no legal impediments. If the petitioner is otherwise found eligible, the amount payable to the petitioner may be disbursed. 5.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The Tamil Nadu State Transport Corporation, Represented by its Managing Director, Kumbakonam.
2. The General Manager, State Transport Corporation, Kumbakonam Region, Pudukottai.
3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 2.
+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 90722 + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 90683 MPK TE/RSK/SAR-2 : 27/11/2018 : 3P/6C W.P.(MD)No.21418 of 2018 12.10.2018