Madras High CourtWP(MD)/15989/2016disposed of

P.Perumal, (Snr Gr Checking v. The Secretary To Government

2016-08-26Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.15989 of 2016 P.Perumal ... Petitioner vs 1.The Secretary to Government Transport Department and The Chairman of all State Transport Corporations, Secretariat, Chennai-600 009 2.The Managing Director The Tamil Nadu State Transport Corporation (Madurai) Limited Bye-pass Road, Madurai-625 016 3.The Administrator The Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House Pallavan Salai, Chennai-600 002 ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation, dated 11.08.2016, which relates to granting 5th Review Benefits and Pay Revision and Pension Revision in the light of the G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015, and in terms of Settlement, dated 22.01.2011, entered into under Section 12(3) of the Industrial Disputes Act. For petitioner :

Mr.G.Venkataraman For Respondents:

Mr.A.Jeyaram Standing Counsel

O R D E R

The petitioner was an employee of the respondents Transport Corporation and retired as Traffic Inspector. His grievance is that the respondents have not given the 5th review benefits and pay revision in the light of G.O.Ms.No.61 Transport Department dated 30.04.2015 and Settlement dated 22.01.2011.

2. Learned counsel for the petitioner submitted that though the Management has agreed for revision of pay with retrospective effect except for the post of Managerial and Supervisory Cadre, https://hcservices.ecourts.gov.in/hcservices/

for the other posts, the same has not been followed by them. Further, the respondents have not given the benefit both under the Settlement and as per the Government Order. In this regard, the petitioner has given a representation to the respondents to implement the revision and pay fixation so that the petitioner would be able to receive certain benefits in terms of the aforesaid Government Order. Since the said representation did not evoke any response, the petitioner is before this Court.

3. At this juncture, Mr.A.Jeyaram, learned Standing Counsel for the Transport Corporation, after taking notice for the respondents, submitted that in similar circumstances, this Court, in W.P.(MD).No.4829 of 2016, dated 10.03.2016, has directed the respondents therein to consider the representation of the petitioners therein.

Therefore, he submitted that similar directions may be issued to the petitioner herein also.

4. In view of the above, the second respondent is directed to consider the representation of the petitioner, on merits and in accordance with law, and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/ Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government Transport Department and The Chairman of all State Transport Corporations, Secretariat, Chennai-600 009.

2.The Managing Director The Tamil Nadu State Transport Corporation (Madurai) Limited Bye-pass Road, Madurai-625 016.

3.The Administrator The Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai-600 002 +1cc to M/S.G.Venkataraman, Advocate in SR.No.47375 W.P.(MD).No.15989 of 2016 26.08.2016 krk PA/AAL-MPA/08.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/