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Madras High CourtWP(MD)/21070/2016disposed of

S.Muthukaruppan, v. The Tamil Nadu State Transport

2016-11-04Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 04.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21070 of 2016 S.Muthukaruppan .. Petitioner Vs.

1.The Tamil Nadu State Transport Corporation Ltd. rep. by its Managing Director, 27, New Railway Station Road, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation Ltd., Karaikudi Region, Maruthupathi, Karaikudi.

3.The Branch Manager, The Tamil Nadu State Transport Corporation Ltd., Karaikudi Region, Paramakkudi Branch, Ramanathapuram District.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including Commutation of Pension and other benefits payable to him as per the settlement dated 13.04.2015 U/S 12(3) of I.D. Act w.e.f 01.09.2013 based on the petitioner's representation dated 28.10.2016 with reasonable rate of interest within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.D.Sivaraman

ORDER

Initially, the petitioner was employed as a Tradesman in the respondents Transport Corporation and later on, promoted as Special Grade Tradesman. He retired from service on 30.04.2014. 2.The grievance of the petitioner is that he is entitled to revision of scale of pay in the post of Selection Grade Tradesman as per 12(3) settlement dated 13.04.2015. Since his pay has not been revised, he made a representation dated 28.10.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits https://hcservices.ecourts.gov.in/hcservices/

including Commutation of Pension and other benefits payable to him as per the settlement dated 13.04.2015, under Section 12(3) of I.D. Act, w.e.f. 01.09.2013 based on the petitioner's representation dated 28.10.2016 with reasonable rate of interest. 3.The learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 28.10.2016 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 28.10.2016, 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(CO) /True Copy/ Sub Assistant Registrar smn TO

1. The Managing Director, The Tamil Nadu State Transport Corporation Ltd. 27, New Railway Station Road, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation Ltd., Karaikudi Region, Maruthupathi, Karaikudi.

3.The Branch Manager, The Tamil Nadu State Transport Corporation Ltd., Karaikudi Region, Paramakkudi Branch, Ramanathapuram District.

+1cc to Mr.G.M.Xavier, Advocate Sr.No. 65831 +1cc to Mr.D.Sivaraman Advocate Sr.No. 66245 JAM/07.12.16/SS 2/2p-6c ORDER MADE IN W.P(MD)No.21070 of 2016 04.11.2016 https://hcservices.ecourts.gov.in/hcservices/