Madras High CourtWP(MD)/22884/2016disposed of

K.Rajendran, S/O.Karuppan v. Tamil Nadu State Transport

2016-11-30Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 30.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.22884 of 2016 K.Rajendran ... Petitioner vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Bye Pass Road, Madurai.

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

3.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 the Respondents to revise the petitioners pay in the scale of pay of Rs.9300-34800+4300/- with effect from 01.09.2010 in accordance with G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and to give him further pay revision benefit with effect from 01.09.2013 in terms of settlement under section 12

(3) of I.D.Act dated 13.04.2015 and further directing the Respondents to disburse difference in salary from 24.02.2012 to 30.06.2014 and difference in retirement benefits with interest at the rate of 18% per annum with effect from 01.07.2014 to till the date on which the above monetary benefits are

settled to him.

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.A.Jeyaram For R3 : 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 30.06.2014. 2.The grievance of the petitioner is that he is entitled to revision of scale of pay in the post of Checking Inspector as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015. Since his pay has not been revised, he made a representation dated 17.11..2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to revise the petitioner's pay in the scale of pay of Rs.9300-34800+4300/- with effect from 01.09.2010 in accordance with G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and to give him further pay revision benefit with effect from 01.09.

2013 in terms of settlement under section 12(3) of I.D.Act dated 13.04.2015 and further directing the respondents to disburse difference in salary from 24.02.2012 to 30.06.2014 and difference in retirement benefits with interest at the rate of 18% per annum with effect from 01.07.2014 to till the date on which the above monetary benefits are settled to the petitioner. 3.Learned counsels for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 17.11.2016 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 17.11.2016, in the light of G.O.Ms.No.61,

Transport (C) Department, dated 30.04.2015 and also as per the Settlement dated 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.

+1CC to Mr.A.Rahul,Advocate,SR.74181/16 Mj KK/MAM/11.01.2017/3p/2C W.P(MD)No.22884 of 2016 30.11.2016