Madras High CourtWP(MD)/20468/2016disposed of

R.Sundaram, (Traffic v. The Additional Chief Secretary

2016-10-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20468 of 2016 R.Sundaram .. Petitioner Vs.

1.The Additional Chief Secretary to Government, Transport Department and the Chairman of All State Transport Corporations, Secretariat, Chennai - 600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Road, Kumbakonam.

3.The Administrator, The Tamil Nadu State Transport Corporation Employees 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 consider and pass orders on the petitioner's representation dated 13.05.2016, which relates to granting of 4th and 5th Review Benefits and Pay Revision and Pension Revision, in the light of the G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act. For Petitioner : Mr.G.Venkataraman 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 Traffic Inspector. He retired from service on 31.05.2013. 2.His grievance is that he is entitled to revision of scale of pay in the post of Senior Grade Checking Inspector as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and also as per the Settlement dated 22.01.2011. Since his pay has not https://hcservices.ecourts.gov.in/hcservices/

been revised, he made a representation dated 13.05.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 13.05.2016, which relates to granting of 4th and 5th Review Benefits and Pay Revision and Pension Revision, in the light of the G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act. 3.Learned counsels for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 13.05.2016 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 13.05.2016, 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(Co) /True copy/ Sub Assistant Registrar TO 1.The Additional Chief Secretary to Government, Transport Department and the Chairman of All State Transport Corporations, Secretariat, Chennai - 600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., New Railway Road, Kumbakonam.

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

+1 cc to M/s.D.Sivaraman, Advocate in SR.No.63326 +1 cc to M/s.G.Venkataraman, Advocate in SR.No.63638 smn CSL/PV/09.11.2016: 2P/6C ORDER MADE IN W.P(MD)No.20468 of 2016 25.10.2016 https://hcservices.ecourts.gov.in/hcservices/