M.Manickam, S.No.81cr2001/9297 v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20149 of 2017 M.Manickam ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to grant the petitioner 4th and 5th review benefits and 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 (C1) Department, dated 30.04.2015 and as per 12(3) Settlement, dated 22.01.2011 and further directing the respondents to pay the petitioner difference amount in his salary from 01.09.2010 to 28.02.2014 and to pay difference in his retirement benefits including difference in monthly pension, Gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner from 28.02.2014 to till date together with interest at the rate of 18% per annum.

For Petitioner :

Mr.N.Sudhagar Nagaraj For R - 1 :

Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

For RR 2 to 4 :

Mr.D.Sivaraman

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to grant the petitioner fourth and fifth review benefits and revise his pay, as per the 12

(3) Settlement and further to direct the respondents to pay difference amount to the petitioner.

2.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the respondent 2 to 4.

3.The learned counsel appearing for the petitioner submitted that though the Management has agreed for revision of pay with retrospective effect except for the post of Managerial and supervisory cadre, the same not been followed by them, the respondents have not given the benefit both under the Settlement and as per the Government Order. In this regard, the petitioner sent a representation to the respondents on 12.06.2017. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

4.The learned counsel appearing for the respondents 2 to 4 seeks two months time for considering the claim of the petitioner. 5.In such view of the matter, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner, dated 12.06.2017 in the light of G.O.Ms.No.61, Transport (C1) Department, dated 30.04.2015 and as per the Settlement and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps

To 1.The Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, No.27, Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1CC TO MR.D.SIVARAMAN, Advocate Sr. No.50837 +1CC TO MR.N.SUDHAGAR NAGARAJ, Advocate Sr. No.51494 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.51074 W.P(MD)No.20149 of 2017 28.02.2019 TR (05.04.2019) 3P 8C