Madras High CourtWP(MD)/20300/2016disposed of

V.Samikannu,S/O.N.Veeran v. The Tamil Nadu State Transport

2016-10-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20300 of 2016 V.Samikannu ... Petitioner vs.

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

2)The Administrator, The Tamil Nadu State Transport Corporation 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 revise the petitioner's pay in the Post of Checking Inspector with retrospective effect from 01.09.2013 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and as per the settlement dated 13.04.2015 with enhanced dearness allowance at the rate of 113% 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 to him from 01.02.2015 to till date together with interest at the rate of 18% per annum.

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

ORDER

The petitioner was employed as Senior Checking Inspector in the respondents Transport Corporation; he retired from service on 31.01.2015; his grievance is that he is entitled to revision of scale of pay as per G.O.Ms.No.61, Transport (C) Department, dated https://hcservices.ecourts.gov.in/hcservices/

30.04.2015 and as per the settlement dated 13.04.2015; since his pay was not revised, he made a representation dated 06.08.2016 therefor; that representation was not considered and therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to revise the petitioner's pay in the post of Checking Inspector with retrospective effect from 01.09.2013 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and as per the settlement dated 13.04.2015 with enhanced dearness allowance at the rate of 113% 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 to him from 01.02.2015 to till date together with interest at the rate of 18% per annum.

2.Learned counsels for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 06.08.2016 and to pass orders. 3.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 06.08.2016, in the light of G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 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(Writs) /True Copy/ Sub Assistant Registrar To 1)The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

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

+1 cc to MR.A.RAHUL, Advocate Sr.No.62887 +1 cc to MR.D.SIVARAMAN, Advocate Sr.No.62795 W.P(MD)No.20300 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 21.10.2016 SMA/CK/09.11.2016:2P/5C