N.Manivannan v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20667 of 2016 N.Manivannan .. Petitioner Vs.
1.TheManaging Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.
4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, 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 respondents to revise the petitioner's pay for the period from 1.9.2013 to 31.12.2013 based on the terms of settlement dated 13.4.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further directing the respondents to pay the petitioner the difference amount in his salary for the period from 01.09.2013 tp 31.12.2013 and to pay different in the petitioner retirements benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner together with a reasonable rate of interest per annum based on the said settlement.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents 1 and 2 : Mr.D.Sivaraman https://hcservices.ecourts.gov.in/hcservices/ For Respondent No.3 : Mr.A.P.Muthupandian
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 31.12.2013. 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 13.04.2015. Since his pay has not been revised, he made a representation dated 13.10.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to revise the petitioner's pay for the period from 1.9.2013 to 31.12.2013 based on the terms of settlement dated 13.4.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further directing the respondents to pay the petitioner the difference amount in the petitioner retirements benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner together with a reasonable rate of interest per annum based on the said settlement.
3.The learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 13.10.2016 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 13.10.2016, in the light of 12(3) Settlement dated 13.04.2015 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(RTI) /True copy/ Sub Assistant Registrar To +1 cc to M/s.N.Sudhagar Nagaraj, Advocate in SR.No. 64860 +1 cc to M/s.D.Sivaraman, Advocate in SR.No. 64439 smn CSL/GSV-PM/10.11.2016: 2P/3C W.P(MD)No.20667 of 2016 https://hcservices.ecourts.gov.in/hcservices/