Madras High CourtWP(MD)/18332/2016disposed of

M.Manoharan v. The Tamil Nadu State Transport

2016-09-26Honourable Dr. Justice S. Vimala3 pages

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

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18332 of 2016 M.Manoharan ... Petitioner vs.

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

2.The General Manager, (Kumbakonam) Ltd., Trichy Region, Trichy.

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 the petitioner the 5th review benefit and to revise his pay in the Post of Checking Inspector with retrospective effect from 07.05.2012 in terms of Government Order in G.O.MS.No.61 Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 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 01.02.2014 to till date together with interest at the rate of 18% per annum and pass such further orders.

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 Conductor in the respondents Transport Corporation and later on, promoted as Checking Inspector. He retired from service on 31.01.2014.

2.The grievance of the petitioner 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 Settlement 22.01.2011. Since his pay has not been revised, he made a representation dated 12.07.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to grant 5th review benefits to him and to revise his pay in the post of Driving Inspector with retrospective effect from 07.05.2012, in terms of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and as per the Settlement dated 22.01.

2011 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 01.02.2014 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 12.07.2016 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 12.07.2016, in the light of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and also as per the 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(Records) /TRUE COPY/ Sub Assistant Registrar To 1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

2.The General Manager, (Kumbakonam) Ltd., Trichy Region, Trichy.

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

+1cc to M/S.A.Rahul, Advocate in SR.No.55746. +1cc to M/S.D.Sivaraman, Advocate in SR.No.56045. W.P(MD)No.18332 of 2016 26.09.2016 mj msm/ck/sar-1/26.10.16/p3/6c