V.Nagappan, S/O. Vallimuthu v. Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.7.2016

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA W.P.(MD).Nos.12695 and 12696 of 2016 V.Nagappan .. Petitioner in W.P.(MD).No.12695/2016 M.Rajagopal .. Petitioner in W.P.(MD).No.12696/2016 Vs.

Tamil Nadu State Transport Corporation, (Madurai) Ltd, rep.by its Managing Director, Madurai. .. Respondent in both WPs W.P.(MD).Nos.12695 and 12696 of 2016: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the action of the respondents in computing the gratuity, Leave salary payable to the petitioners by taking into account the dearness allowance payable on their basic pay plus grade pay at the rate of 90% instead of 100% as illegal and contrary to G.O.(MS) No.55, Transport (D) Department dated 04.06.2014 issued by the Government of Tamil Nadu and consequently direct the respondent to compute and pay them the difference amount in Gratuity, Leave Salary by taking into account revised rate of dearness allowance I.e.at the rate of 100% of pay + Grade Pay as fixed in G.O.Ms.No.55 Transport (D) Department dated 04.06.2014.

For Petitioners : M/s.A.Rahul For respondent : Mr.A.P.Muthupandian COMMON ORDER Since the issue involved in both the Writ Petitions is one and the same, they are are taken up together and disposed of, by this common order.

2.

When the matters are taken up for hearing, learned Counsel for the petitioners restricted his prayer to consider the representations of the petitioners, within the time stipulated by this Court.

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3. Mr.A.P.Muthupandian, learned Standing Counsel takes notice for the respondent and submitted that the respondent will consider the representations of the petitioners, in accordance with law.

4. In view of the limited scope of the prayer sought for in both the Writ Petitions, this Court directs the respondent to consider the representations of the petitioner, dated 08.06.2016 and 11.06.2016, respectively, on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, both the Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar TO TAMILNADU STATE TRANSPORT CORPORATION (MADURAI)LTD., REP.BY ITS MANAGING DIRECTOR, MADURAI.

+2cc's Mr.A.Rahul, Advocate in SR.No's. 38328, 38327 JA-ARK-PV/02.08.2016/2P: 4C W.P.(MD).Nos.12695 and 12696 of 2016 20.7.2016 https://hcservices.ecourts.gov.in/hcservices/