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Madras High CourtWP(MD)/11159/2016disposed of

K.Muthusamy, S/O Kottaisamy v. The Managing Director

2016-06-23Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11159 of 2016 K.Muthusamy ...

Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District.

2.The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Karaikudi Region, Sivagangai District.

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 the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to revise the pension of the petitioner as per the fourth benefit with retrospective effect from 01.09.2010 in terms of Government Order in G.O.Ms.No.61 Transport © Department dated 30.04.2015 and as per settlement dated 22.01.2011 based on the representation of the petitioner dated 03.02.2016 and 14.06.2016. For petitioner : Mr.B.Santhanam Rajeshkumar For respondents : Mr.D.Sivaraman ***

ORDER

The petitioner, K.Muthusamy, was the employee of the Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Kumbakonam and retired as Checking Inspector. His grievance is that the respondents have not given the fourth review benefits and pay revision in the light of G.O.Ms.No.61 Transport Department dated 30.04.2015 and Settlement dated 22.01.2011. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel 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, which has 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 has given representation dated 03.02.2016 and 14.06.2016 to the respondents to implement the revision and pay fixation so that the petitioner would be able to receive certain benefits in terms of the afore-said Government Order. Since the said representations did not evoke any response, the petitioner is before this Court.

3. At this juncture, Mr.D.Sivaraman, learned Standing Counsel for the Transport Corporation, after taking notice for the respondents, submitted that in similar circumstances, this Court, in W.P.(MD).No.4829 of 2016, dated 10.03.2016, has directed the respondents therein to consider the representation of the petitioners therein.

Therefore, he submitted that similar directions may be issued to this petitioner also. 4.

In view of the above, the first respondent is directed to consider the representations of the petitioner, on merits and in accordance with law, and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

5.

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

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., New Railway Station Road, Kumbakonam, Thanjavur District.

2.The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Karaikudi Region, Sivagangai District.

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

+One cc to Mr.B.Santhanam Rajesh, Advocate, SR.No.32844 +One cc to Mr.D.Sivaraman , Advocate, SR.No.32491 ssl RL/6C/2P/PEK/1/7/2016 W.P(MD)No.11159 of 2016 23.06.2016 https://hcservices.ecourts.gov.in/hcservices/