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Madras High CourtWP(MD)/17263/2016disposed of

T.Balasubramanian v. Tamil Nadu State Transport

2016-09-14Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17263 of 2016 T.Balasubramanian ... Petitioner vs.

1)Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai.

2)The General Manager, (Madurai) Ltd., Madurai Region, Madurai.

3)The Administrator, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to grant 4th and 5th review benefits to the petitioner and to revise his pay in the Post of Checking Inspector with retrospective effect from 01.09.2010 to 31.5.12 in terms of Government order in G.O.Ms.No.61 Transport (C) Department dated 30.04.2015 and as per settlements dated 22.01.2011 and 13.04.2015 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 01.06.2012 to till date together with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

ORDER

Initially, the petitioner was employed as a Checking Inspector in the respondents Transport Corporation and later on, promoted as Traffic Inspector. He retired from service on 31.05.2012. 2.His grievance is that he is entitled to revision of scale of pay in the post of Checking Inspector as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and also as per the Settlements dated 22.01.2011 and 13.04.2015. Since his pay has not been revised, he made a representation dated 20.04.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to grant 4th and 5th review benefits to him and to revise his pay in the post of Checking Inspector with retrospective effect from 01.09.2010 to 31.05.2012, in terms of G.O.Ms.No.

61, Transport (C) Department, dated 30.04.2015 and as per the Settlements dated 22.01.2011 and 13.04.2015 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 01.06.2012 to till date, together with interest at the rate of 18% per annum.

3.Learned counsels for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 20.04.2016 and to pass orders. 4.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 20.04.2016, in the light of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and also as per the Settlements dated 22.01.2011 and 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(AS) /True Copy/ Sub Assistant Registrar nbi To 1)The Managing Director, (Madurai) Ltd.,Madurai.

2)The General Manager, (Madurai) Ltd., Madurai Region, Madurai.

3)The Administrator, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1CC to Mr.A.Rahul, Advocate Sr.No.51899 GJM/SK/SKN/14.10.16-3p-5C W.P(MD)No.17263 of 2016 14.09.2016(3/3)