T. Ravichanran v. The Management Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.11.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.16200 of 2020 T.Ravichandran
...Petitioner
Vs 1.The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., represented by its Managing Director, Kumbakonam.
2.The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.
3.The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai -2.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to revise the petitioner's pay as per the Settlement under Section 12
(3) of the I.D Act dated 04.01.2018 with retrospective effect from 01.09.2016 and consequently directing the respondents to revise and re-fix his retirement benefits and to disburse pension arrears from 01.06.2017 to 31.08.2019 and difference amounts in his gratuity leave salary to him with interest at the rate of 18% per annum payable from 01.09.2016 to till the date of actual payment, within the time limit that may be fixed by this Court. For Petitioner :
Mr.A.Rahul For Respondents :
Mr.P.M.Vishnuvarthan Standing Counsel
ORDER
This Writ Petition has been filed to direct the respondents to revise the petitioner's scale of pay with retrospective effect from 01.09.2016, to direct the respondents to revise and re-fix the petitioner's retirement benefits and to disburse pension arrears from 01.06.2017 to 31.08.2019 and the difference amounts in his gratuity and leave salary to him with interest at the rate of 18% 1/3
per annum payable from 01.09.2016 to till the date of actual payment.
2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that he was working as Helper in the respondent Corporation and on attaining the age of superannuation, he was retired from service on 31.05.2017. As per the settlement entered between the 1st respondent and the Trade Unions dated 04.01.2018, the petitioner's scale of pay has to be revised from 01.09.2016, but the same has not been revised by the respondents till date. Therefore, the petitioner has made a representation dated 15.02.2020 before the respondents seeking to pay the difference amount in gratuity and leave salary. However, the petitioner's representation has not been considered by the respondents so far. Hence, the present writ petition. 4.
In reply, the learned standing counsel appearing for the respondents would fairly submit that the petitioner's representation dated 15.02.2020 will be disposed of on merits and in accordance with law, within a time frame to be fixed by this Court. 5.Recording the submission made by the learned standing counsel and in view of the lapse on the part of the respondents on considering the petitioner's representation, this Court is inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 15.02.
6.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Mm 2/3
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Managing Director,The Management of Tamilnadu State Transport Corporation(Kumbakonam) Ltd., Kumbakonam.
+1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-22014[F] dated 18/11/2020 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-22164[F] dated 19/11/2020 ) W.P.(MD) No.16200 of 2020 18.11.2020 CK(CO) AP(27/11/2020) 3 P 4C 3/3