Madras High CourtWP(MD)/18533/2016disposed of

S.Mariappan, (Superintendent - v. The Managing Director,

2016-09-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.18533 of 2016 S.Mariappan ... Petitioner -vs1.The Managing Director, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai - 625 016.

2.The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the Respondents to revise the petitioner's monthly pension and retirement benefits with effect from the date of voluntary retirement and consequently to pay the arrears of pension and the difference amount of retirement benefits.

For Petitioner : Mr.G.Venkataraman For R - 1 : Mr.A.Jeyaraman For R - 2 : Mr.A.P.Muthupandi

O R D E R

This Writ petition has been filed seeking a direction to the respondents to revise the petitioner's monthly pension and retirement benefits with effect from the date of voluntary retirement and consequently to pay the arrears of pension and the difference amount of retirement benefits.

2.Heard the learned counsel for the petitioner and the learned counsel who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that he entered into service in the respondent corporation as a Junior Assistant on

25.06.1981. He was promoted as a Superintendent on 01.03.2011 and got voluntary retirement from service on 31.01.2012. When he was promoted as Superintendent, his basic pay was revised from Rs.12,760/- to 13,270/-. Consequent upon the revision of pay, monthly pension should have been revised with effect from voluntary retirement. But, in spite of his representation dated 10.05.2016, his claim has not been considered and that has driven the petitioner to file the present Writ Petition. 4.Needless to point out that once the petitioner is promoted and his basic pay is revised from 12,760/- to 13,270/-, all the consequential increments ought to have been revised without any representation from the petitioner. 5.Under such circumstances, the first respondent is directed to forward the proposal to the second respondent and in turn, the second respondent shall consider the representation and pass consequential orders within a period of two weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar +One cc to Mr.G.Venkataraman, Advocate, SR.No.57374 mj RL/2C/2P/DB/24.10.2016 W.P(MD)No.18533 of 2016 29.09.2016 https://hcservices.ecourts.gov.in/hcservices/