R.Vasantha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Vasantha ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary to Government, Transport Department and Chairman of Board of Director of State Transport Undertakings, Fort St.George, Chennai - 600 009.
2.Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Bye Pass Road, Madurai - 625 010.
3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 625 010.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to implement the G.O.
(Ms)No.146 Transport (C) Department dated 30.11.2015, by re-designating the petitioner's husband as Selection Grade Superintendent so as to enable him to receive Selection Grade Superintendent time Scale of Pay of Rs.7500-250-12500 Notionally with effect from 01.01.2008 and Revised Scale of Pay (as per VI Pay Commission) of Rs.9300 - 34800 + Grade Pay of Rs.4900 with effect from 17.06.2009 and Monetary Benefit with effect from 01.04.2015, in terms of G.O.Ms.No.146 Transport (1) Department dated 30.11.2015 and also in the light of the orders passed in W.P.(MD)No.13750 of 2016, dated 16.11.2023 and also order passed in C.M.P.(MD)No.15092 of 2024 in W.A.(MD)No.1848 of 2024, dated 06.12.2024 and revise the pension with effect from 01.04.2015 to her husband and to pay the arrears of pension together with interest at the rate of 6% from 01.04.
2015 to till the date of payment and all other attendant benefits to her, within the time frame that may be stipulated by this Court. For Petitioner : Mr.A.K.Thangavelu For R1 : Mr.K.Balasubramani Special Government Pleader For R2 and R3 : Mr.K.Ramaiah Standing Counsel For R4 : Mr.S.C.
ORDER
This writ petition has been filed by the wife of a retired Superintendent of the respondent Transport Corporation, who retired from service on 30.06.2011 and passed away on 04.01.2020, seeking a direction to the respondents to implement G.O.(Ms)No.146, Transport (C) Department, dated 30.11.2015, by redesignating her late husband as Selection Grade Superintendent, thereby, enabling him to receive the Selection Grade time scale of pay of Rs.7500-250-12500 notionally with effect from 01.01.2008 and the revised scale of pay (as per the VI Pay Commission) of Rs.9300-34800 with Grade Pay of Rs.4900 with effect from 17.06.2009 and monetary benefits with effect from 01.04.2015, in terms of the said Government Order and also for a direction to revise her late husband's pension with effect from 01.04.2015 and to pay the arrears of pension together with interest at the rate of 6% per annum from 01.04.2015 till the date of payment, along with all other attendant benefits, within the time frame as may be fixed by this Court.
2. By consent, this Writ Petition is disposed of, at the admission stage itself.
3. The petitioner submits that her husband, a retired Superintendent of the respondent Transport Corporation, retired from service on 30.06.2011 and passed away on 04.01.2020. It was contended that as per G.O.(Ms)No.146, Transport (C) Department, dated 30.11.2015, the petitioner's husband was eligible to be redesignated as Selection Grade Superintendent and consequently, entitled to the Selection Grade time scale of pay of Rs.7500-250-12500 notionally with effect from 01.01.2008 and the revised scale of pay of Rs.9300-34800 + Grade Pay Rs.4900 with effect from 17.06.2009 and monetary benefits with effect from 01.04.2015.
4. The petitioner relied on the orders passed in W.P.(MD)No.13750 of 2016 dated 16.11.2023 and in C.M.P.(MD)No.15092 of 2024 in W.A.(MD)No.1848 of 2024 dated 06.12.2024 and sought similar relief. It was further submitted that the pension of the petitioner's husband is liable to be revised accordingly and arrears of pension, along with interest at 6% per annum, should be paid from 01.04.2015 till the date of actual payment.
5. The learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by the order passed by this Court dated 21.01.2025 in W.P.(MD) No.398 of 2024, wherein it has been held as follows: ''6. I am of the considered opinion that such a submission cannot be made at this length of time, in view of the fact that the appeal filed by the Transport Corporation as against the orders of the learned Single Judge has already been withdrawn by the Transport Corporation. There is no dispute that the petitioners are similarly placed persons, who were promoted after 17.06.2009.
7. In view of the above said facts, the order impugned in the writ petition is set aside and the respondents are directed to confer the benefits upon the writ petitioners arising out of G.O.(Ms) No. 146, Transport (C) Department, dated 30.11.2015. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.''
6. Heard both sides.
7. Considering the above facts and circumstances of the case, this Court is of the view that the issue raised in the present writ petition is squarely covered by
the order passed in W.P.(MD) No.398 of 2024, dated 21.01.2025, wherein similar relief was granted in identical circumstances.
8. Accordingly, the writ petition is disposed of, with a direction to the respondents to consider the case of the petitioner and confer the benefits upon her arising out of G.O.(Ms)No.146, Transport (C) Department, dated 30.11.2015, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
NCC : Yes / No 02.07.2025 Index : Yes / No smn2 To:- 1.The Secretary to Government of Tamil Nadu, Transport Department and Chairman of Board of Director of State Transport Undertakings, Fort St.George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai - 625 010.
3.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai - 625 010.
4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
VIVEK KUMAR SINGH , J.
smn2 02.07.2025