Madras High CourtWP(MD)/19622/2018disposed of

M.Eswaran S/O Muthu, v. The Tnstc (Kumbakonam) Ltd.,

2018-09-11Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.19622 of 2018 M.Eswaran ... Petitioner vs.

1.Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Rep. By its Managing Director, Kumbakonam.

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

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

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay in the post of Checking Inspector with retrospective effect from 05.12.2012 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 13.04.2015 and further directing the respondents to pay him the difference amount in his salary from 05.12.2012 to 30.04.2015 and all other attendant benefits together with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

The petitioner was employed as Conductor. He retired from service on 30.06.2015. His grievance is that he is entitled to revision of scale of pay in terms of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and the settlement dated 13.04.2015. Since his pay was not revised, he made a representation dated 06.06.2018 therefor and that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay in the post of Checking Inspector with https://hcservices.ecourts.gov.in/hcservices/

retrospective effect from 05.12.2012 in terms of G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 13.04.2015 and further directing the respondents to pay him the difference amount in his salary from 05.12.2012 to 30.04.2015 and all other attendant benefits together with interest at the rate of 18% per annum.

2.The learned counsel for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 06.06.2018 within a time frame.

3.Recording the above submissions, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 06.06.2018, in the light of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015, if applicable, and as per settlement dated 13.04.2015, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS-II) To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Karaikudi Region, Karaikudi. 3.The Administrator, Tamil Nadu State Transport Corporation,Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2. + 1 CC TO MR.D.SIVARAMAN, ADVOCATE IN SR NO.83878 + 1 CC TO MR.A.RAHUL, ADVOCATE IN SR NO.84166 TA BU/PM/SAR-2 :20.11.2018 : 2P/6C W.P(MD)No.19622 of 2018 11.09.2018 https://hcservices.ecourts.gov.in/hcservices/