A.Ponnudhurai, S/O.Arunachalam v. The Tamil Nadu State
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.22584 of 2017 A.Ponnudhurai ... Petitioner Vs.
1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.
3.The Administrator, 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, to issue a Writ of Mandamus, directing the respondents to revise his pay in the post of Checking Inspector with retrospective effect from 26.02.2011 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 and further directing the respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity leave salary, commuted value of pension and all other attendant benefits payable to him from 01.07.2013 to till date together with interest at the rate of 18% per annum.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman
O R D E R
This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to revise his pay in the post of Checking Inspector with retrospective effect from 26.02.2011 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 and further directing the respondents to pay him the difference
amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity leave salary, commuted value of pension and all other attendant benefits payable to him from 01.07.2013 to till date together with interest at the rate of 18% per annum.
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 09.11.2017 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 09.11.2017 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(T&P) /True Copy/ Sub Assistant Registrar To 1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2.The General Manager, (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.
3.The Administrator, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.
COPY TO:
The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.A.Rahul, Advocate SR.No. 92423 +1cc to M/S.D.Sivaraman, Advocate SR.No. 92309 W.P.(MD)No.22584 of 2017 12.12.2017 ta JM/SKN RSK/SAR 1/02.01.2018/3P/7C