Madras High CourtWP(MD)/22488/2017disposed of

C.Jayaprakasam,S/O.Chellakannu v. Tamil Nadu State Transport

2017-12-11Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.22488 of 2017 C.Jayaprakasam ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

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

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

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.04.2015 to till date together with interest at the rate of 18% per annum based on the said settlement under Section 12 (3) of the ID Act dated 13.04.2015.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel.

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.04.2015 to till date together with interest at the rate of 18% per annum based on the said settlement under Section 12 (3) of the ID Act dated 13.04.2015. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.A.Rahul, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned Standing Counsel, who takes

notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.It is informed by the learned counsel for the petitioner that before filing of the Writ Petition, the petitioner has made a representation dated 21.10.2017 to the respondents for the relief sought in this Writ Petition and submits that the petitioner would be satisfied, if the said representation is disposed of. 4.Having regard to the aforesaid restricted nature of relief sought by the petitioner, this Court, without expressing any view on the correctness or entitlement of the claim made, directs the respondents 2 and 3 to dispassionately consider the representation dated 21.10.2017 made by the petitioner and pass reasoned orders on merits in accordance with law and communicate the decision taken to the petitioner and file a report of such compliance before the Registrar (Judicial) of this Court on or before 31.01.2018.

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

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

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

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

+One cc to Mr.D.Sivaraman, Advocate, SR.No.92141 +One cc to Mr.A.Rahul, Advocate, SR.No.92421 Copy to:- The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai Myr RL/7C/2P/SV/MMS/SAR4/28/12/2017 W.P.(MD)No.22488 of 2017 11.12.2017 https://hcservices.ecourts.gov.in/hcservices/