Madras High CourtWP(MD)/22304/2016disposed of

M.Dharmaraj, Staff No. Dr06214 v. Tamil Nadu State Transport

2016-11-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.22304 of 2016 M.Dharmaraj ... Petitioner -vs1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the Respondents to revise pay of the petitioner for the period from 01.09.2013 to 30.06.2014 based on the terms of Settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act 1947 and further directing the Respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.06.2014 and to pay him the difference in retirement benefits including monthly pension, gratuity, leave Salary, commuted value of pension and all other attendant benefits payable from 01.07.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner :

Mr.A.Rahul For RR1 & 2 :

Mr.D.Sivaraman For R3 :

Mr.A.P.Muthupandian

O R D E R

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 30.06.2014. https://hcservices.ecourts.gov.in/hcservices/

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 07.06.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to revise pay of the petitioner for the period from 01.09.2013 to 30.06.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act 1947 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.06.2014 and to pay him the difference in retirement benefits including monthly pension, gratuity, leave Salary, commuted value of pension and all other attendant benefits payable from 01.07.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

3.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 07.06.2016 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 07.06.2016, 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 (T&P) /True copy/ Sub Assistant Registrar To 1.The Managing Director, The Tamil Nadu State Transport Corporation(Madurai) Ltd., Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai)Ltd., Virudhunagar Region, Virudhunagar.

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

+1 cc to Mr.A.RAHUL, Advocate, SR.72121 W.P(MD) No.22304 of 2016 mj 23.11.2016 SH/EM:20.12.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/