Madras High CourtWP(MD)/22592/2016disposed of

G.Venkatrayan, v. The Tamil Nadu State Transport

2016-11-25Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.22592 of 2016 G.Venkatrayan ... Petitioner vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai - 625 016.

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

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

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the Respondents to grant 5th Review Benefits and to revise the petitioner's pay in the post of Checking Inspector with retrospective effect from 24.02.2015 in terms of Government order in G.O.Ms.No. 61 Transport (C) Department dated 30.04.2015 and as per the 12(3) settlement dated 22.01.2011 and further directing the Respondents to pay the difference in his salary and to pay difference in his Retirement Benefits including difference amount in monthly pension Gratuity, commuted value of pension, leave salary and all other attendant benefits payable to the petitioner from 24.02.2015 to 31.07.2016 together

with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian

ORDER

Initially, the petitioner was employed as a Conductor in the respondents Transport Corporation and later on, promoted as Senior Checking Inspector. He retired from service on 31.07.2016. 2.The grievance of the petitioner is that he is entitled to revision of scale of pay in the post of Senior Checking Inspector as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and also as per the Settlement 22.01.2011. Since his pay has not been revised, he made a representation dated 12.11.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to grant 5th review benefits to him and to revise his pay in the post of Senior Checking Inspector with retrospective effect from 24.02.2015, in terms of G.O.Ms.No.61, Transport (C) Department, dated 30.04.

2015 and as per the 12(3) Settlement dated 22.01.2011 and further directing the respondents to pay the difference in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, Gratuity, commuted value of pension, leave salary and all other attendant benefits payable to the petitioner from 24.02.2015 to 31.07.2016 together with interest at the rate of 18% per annum.

3.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 12.11.2016 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 12.11.2016, 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[Records] /True copy/ Sub Assistant Registrar To 1)The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd, Madurai-625 016.

2)The General Manager, Tamil Nadu State Transport Corporation (Madurai Ltd), 3)The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

+1cc to Mr.A.K.Thangavelu SR.7276 mj KK/MAM/11..1.2017/3p/2c W.P(MD)No.22592 of 2016 25.11.2016