Madras High CourtWP(MD)/18331/2016disposed of

A.Krishnamoorthy v. The Tamil Nadu Stae Transport

2016-09-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 26.09.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18331 of 2016 A.Krishnamoorthy ... 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., Kumbakonam Region, Kumbakonam.

... Respondents 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 Selection Grade Driver in terms of 12(3) settlement dated 22.01.2011 and to pay salary arrears and difference in retirement benefits including gratuity, commuted value of pension, earned leave salary and all other attendant benefits. For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.D.Sivaraman

ORDER

Initially, the petitioner was employed as a Driver in the respondents Transport Corporation and later on, promoted as Special Grade Driver. He retired from service on 30.12.2010. 2.The grievance of the petitioner is that he is entitled to revision of scale of pay in the post of Special Grade Driver as per 12(3) settlement dated 22.01.2011. Since his pay has not been revised, he made a representation dated 20.02.2014 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to to revise his pay in the post of Special Grade Driver in terms of 12(3) Settlement dated 22.01.2011 and further directing the respondents to pay him the difference amount in his salary and to https://hcservices.ecourts.gov.in/hcservices/

pay salary arrears and difference in retirement benefits including gratuity, commuted value of pension, earned leave salary and all other attendant benefits.

3.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 20.02.2014 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 20.02.2014, in the light of 12(3) Settlement dated 22.01.2011 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(Record) /True Copy/ Sub Assistant Registrar mj +1cc to Mr.A.Rahul, Advocate Sr.No. 55747 +1cc to Mr.D.Sivaraman, Advocate Sr.No. 56044 JAM/21.10.16/ss 3/2p-3c W.P(MD)No.18331 of 2016 26.09.2016 https://hcservices.ecourts.gov.in/hcservices/