Madras High CourtWP(MD)/18552/2019disposed of

R. Selvakumar v. The Government Of Tamil Nadu

2019-08-27Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR 1.R.Selvakumar 2.P.Dhandapani .. Petitioners Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., No.27, Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Karur.

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

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant the petitioners 4th and 5th review benefits and revise their pay in the post of Checking Inspector with retrospective effect from 01.09.2010 in terms of Government Order in G.O.Ms.No.61, Transport (C1) Department, dated 30.04.2015 and as per 12(3) settlement dated 22.01.2011 and further directing the respondents to pay them difference amount in their salary from 01.09.2010 to till the date of retirement of the petitioners and to pay difference in their 1/3

retirement benefits including difference in monthly pension, Gratuity, Leave Salary, Commuted Value of Pension and all other attendant benefits payable to them from the date of their retirement to till date together with interest at the rate of 18% per annum. For Petitioners : Mr.N.Sudhagar Nagaraj For R1 : Mr.A.Muthukaruppan Additional Government Pleader For R2 and R3 : Mr.D.Sivaraman Standing Counsel For R4 : Mr.A.Swaminathan Standing Counsel

ORDER

This Writ Petition has been filed by the petitioners seeking a direction to the respondents to grant the petitioners 4th and 5th review benefits and revise their pay in the post of Checking Inspector with retrospective effect from 01.09.2010 in terms of Government Order in G.O.Ms.No.61, Transport (C1) Department, dated 30.04.2015 and as per 12(3) settlement dated 22.01.2011 and further directing the respondents to pay them difference amount in their salary from 01.09.2010 to till the date of retirement of the petitioners and to pay difference in their retirement benefits including difference in monthly pension, Gratuity, Leave Salary, Commuted Value of Pension and all other attendant benefits payable to them from the date of their retirement to till date together with interest at the rate of 18% per annum.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent. Mr.D.Sivaraman, learned Standing Counsel takes notice for the respondents 2 and 3. Mr.A.Swaminathan, learned Standing Counsel takes notice for the fourth respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned Standing Counsel appearing for the respondents 2 and 3 as well as the learned Standing Counsel appearing for the fourth respondent submitted that the respondents 3 and 4 would dispose of the representation of the petitioners, dated 10.07.2019, within a time limit to be fixed by this Court. 4.Recording the abovesaid submission made by the learned Standing Counsel appearing for the respondents 2 and 3 as well as the learned Standing Counsel appearing for the fourth respondent, 2/3

without expressing any opinion on the merits of the claim made by the petitioners, this Writ Petition is disposed of directing the respondents 3 and 4 to consider the representation of the petitioners, dated 10.07.2019, and to pass appropriate orders in accordance with law, by taking note of the Government Order in G.O.Ms.No.61, Transport (C1) Department, dated 30.04.2015, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

SD ASSISTANT REGISTRAR ( P AND A ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) smn2 To 1.The Principal Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing 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., Karur Region, Karur.

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

+2CC TO MR. N. SUDHAGAR NAGARAJ, ADVOCATE SR 83659 +1CC TO MR D. SIVARAMAN,ADVOCATE SR 83723 +1CC TO THE SPL GOVT PLEADER SR 83997 27.08.2019 CS(16.09.2019) 3P 8C 3/3