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Madras High CourtWP(MD)/24418/2016disposed of

K.Kallaperumal, S/O.Kuppusamy 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.24418 of 2016 K.Kaliaperumal ... 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-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 petitioner's 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 (C) Department dated 30.04.2015 and further directing the respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to him from 01.11.2012 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 Traffic Inspector. He retired from service on 31.10.2012. 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 21.11.2016 therefor and that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ of Mandamus, directing the https://hcservices.ecourts.gov.in/hcservices/

respondents to revise the petitioner's 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 (C) Department dated 30.04.2015 and further directing the respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to him from 01.11.2012 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 21.11.2016 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 21.11.2016, as per G.O.Ms.No.61, Transport (C) Department, dated 30.04.2015 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.82663 +One cc to M/s.D.Sivaraman, Advocate, SR.No.82573 nbi RL/3C/2P/SKN/MM/11.1.2017 W.P(MD)No.24418 of 2016 21.12.2016 https://hcservices.ecourts.gov.in/hcservices/