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Madras High CourtWP(MD)/24417/2016disposed of

P.Durairaju, S/O.P.Ponnusamy, v. The Tamilnadu State Transport

2016-12-21Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.24417 of 2016 P.Durairaju ... Petitioner vs.

1)Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

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

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

... 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 pay of the petitioner in the post of Checking Inspector with retrospective effect from 19.01.2012 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and as per settlement dated 13.04.2015 and further directing the respondents to pay me the difference amount in my salary from 19.01.2012 to 28.02.2015 and to pay difference in my retirement benefits including difference in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner from 01.03.2015 to till date together with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

ORDER

The petitioner was employed as a Checking Inspector. He retired from service on 28.02.2015. His grievance is that he is entitled to revision of scale of pay as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015. Since his pay was not revised, he made a representation dated 22.11.2016 therefor and https://hcservices.ecourts.gov.in/hcservices/

that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to revise the pay of the petitioner in the post of Checking Inspector with retrospective effect from 19.01.2012 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and as per settlement dated 13.04.2015 and further directing the respondents to pay the petitioner difference amount in his salary from 19.01.2012 to 28.02.2015 and to pay difference in my retirement benefits including difference in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner from 01.03.2015 to till date together with interest at the rate of 18% per annum.

2.Learned counsels for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 22.11.2016 within a time frame.

3.Recording the above submissions, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 22.11.2016, as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 and 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. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar +One cc to Mr.A.Rahul, Advocate, SR.No.82662 +One cc to M/s.D.Sivaraman, Advocate, SR.No.82570 nbi RL/3C/2P/SKN/MM/11.1.2017 W.P(MD)No.24417 of 2016 21.12.2016 https://hcservices.ecourts.gov.in/hcservices/