R.Aruldass, S/O.Rayappan, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.10.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.5547 of 2016 R.Aruldass ... Petitioner Vs.

1.The State of Tamil Nadu rep. by its Secretary to Government, Transport Department and Chairman of Board of Directors of State Transport Under takings, Fort St.George, Chennai-9.

2.Tamil Nadu State Transport corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

3.The General Manager, (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

4.The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to revise pay of the petitioner for the period from 01.09.2013 to 31.05.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act 1947 and further directing the Respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.05.2014 and to pay him the difference in retirement benefits including monthly pension gratuity leave salary commuted value of pension and all other attendant benefits payable from 01.06.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner ... Mr.A.Rahul For R1 ... Mr.T.S. Mohammed Mohideen Additional Government Pleader For R2 & R3 ... Mr.D.Sivaraman For R4 ... Mr.A.P.Muthupandian

O R D E R

Initially, the petitioner was employed as Helper in the respondents Transport Corporation and later on, promoted as Foreman. He retired from service on 31.05.2014. 2.The grievance of the petitioner is that he is entitled to revision of scale of pay in the post of Special Grade Driver as per 12(3) settlement dated 13.04.2015. Since his pay has not been revised, he made a representation dated 05.01.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to to revise his pay in the post of Foreman in terms of 12(3) Settlement dated 13.04.2015 and further directing the respondents to pay him the difference in retirement benefits including monthly pension gratuity leave salary commuted value of pension and all other attendant benefits payable from 01.06.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

3.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 05.01.2016 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 05.01.2016, in the light of 12(3) 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(Records) /True Copy/ Sub Assistant Registrar.

To The Secretary to Government, The State of Tamil Nadu, Transport Department and Chairman of Board of Directors of State Transport Under takings, Fort St.George, Chennai-9.

2.The Managing Director, (Kumbakonam) Ltd., Kumbakonam.

3.The General Manager, (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

4.The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

+1CC to M/S.A.Rahul, Advocate, SR.No. 64680 Writ Petition (MD) No.5547 of 2016 26.10.2016 rj2 AM/10.01.2017/3P/6C