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Madras High CourtWP(MD)/19468/2020disposed of

Sornaraj.M v. The Tamil Nadu State Transport Corporation (Madurai)Ltd.

2020-12-23Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.19468 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.19468 of 2020 M.Sornaraj

...Petitioner

Vs 1.The Tamilnadu State Transport Corporation (Madurai) Ltd., represented by its Managing Director, Byepass Road, Madurai.

2.The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai -2.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to revise the petitioner's pay, as per the settlement under Section 12

(3) of the I.D. Act dated 04.01.2018 with retrospective effect from 01.09.2016 and consequently directing the respondents to revise and re-fix his retirement benefits and to disburse difference amounts in his gratuity, leave salary and commutation to him with interest at the rate of 18% per annum payable from 01.03.2017 to till the date of actual payment within the time limit that may be fixed by this Court.

For Petitioner : Mr.Rahul.A.

For Respondents : Mr.J.Senthilkumaraiah Standing Counsel

ORDER

This Writ Petition is filed to direct the respondents to revise the petitioner's pay, as per the settlement under Section 12(3) of the I.D. Act, dated 04.01.2018 with retrospective effect from 01.09.2016 and to direct the respondents to revise and re-fix the retirement benefits and to disburse difference amounts in gratuity, leave salary and commutation with interest at the rate of 18% per annum payable from 01.03.2017 to till the date of actual payment to the petitioner.

2.By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19468 of 2020 3.It is the grievance of the petitioner that with the relief sought for in the prayer, though he has made a representation, dated 14.09.2020 to the respondents, no action has been taken so far. Hence, the petitioner is before this Court seeking appropriate orders.

4.In reply, Mr.J.Senthil Kumaraiah, learned Standing Counsel appearing for the respondents would submit that the petitioner's representation, dated 14.09.2020 will be disposed of on merits and in accordance with law, within a period of eight weeks. 5.In view of the submission made by the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents, this Court is inclined to pass the following direction:- the respondents are directed to consider the petitioner's representation, dated 14.09.2020 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order; 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1cc to Mr.A.Rahul, Advocate Sr.No.27376 W.P.(MD) No.19468 of 2020 23.12.2020 VB (06.01.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2