Madras High CourtWP(MD)/19061/2021disposed of

Ravi.K v. The State Express Transport

2021-10-26Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR K.Ravi S/o.R.Krishnasamy, Conductor (Retired) Staff No. DEO5178, State Express Transport Corporation (Tamil Nadu) Ltd., Residing at:

178, 2nd Cross Street, Vivekananda Nagar, Kumbakonam - 612001.

... Petitioner Vs.

1.The State Express Transport Corporation (Tamil Nadu) Ltd., Rep. by its Managing Director, Pallavan Salai, Chennai - 2.

2.The General Manager, The State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai - 2.

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

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to pay him the difference amounts in his salary for the period from 01.05.2014 to 30.04.2015 and to pay difference amounts in his retirement benefits including monthly Pension, Earned Leave Salary, Commuted value of pension and all other attendant benefits payable from 01.05.2015 to till date as per Wage Revision benefit and 4th review benefit given under Settlement entered under Section 12(3) of the ID Act dated 13.04.2015 together with interest at the rate of 18% per annum based on the said settlement.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.R.Rajamohan, Standing Counsel for R1, R2.

Mr.A.Swaminathan, Standing Counsel for R3.

ORDER

The writ petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondents to pay him the difference amounts in his salary for the period from 01.05.2014 to 30.04.2015 and to pay difference amounts in his retirement benefits including monthly Pension, Earned Leave Salary, Commuted value of pension and all other attendant benefits payable from 01.05.2015 to till date as per Wage Revision benefit and 4th review benefit given under Settlement entered under Section 12(3) of the ID Act dated 13.04.2015 together with interest at the rate of 18% per annum based on the said settlement.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, he joined as Conductor on 24.12.1986 and retired from service on 30.4.2015. 12(3) Settlement was entered on 13.04.2015 revising the pay scales of the respondent Transport Corporation employees from 01.09.2013. Pursuant to the same, the petitioner is entitled to revision of pay from 01.09.2013 to 30.4.2015. The grievance of the petitioner is that while computing his retirement benefits, the pay revision given pursuant to the settlement, was not taken into account. In this regard, the petitioner made a representation on 13.09.2021 and despite the same, as no action was taken by the respondents, the petitioner is before this Court.

5. The learned counsel for the petitioner would submit that even though a larger prayer is sought for in the Writ Petition, now the petitioner restricted his prayer that it would suffice to direct the respondents to consider the representation of the petitioner and pass appropriate orders within a stipulated time.

6. The learned Standing Counsel appearing for the respondents, would submit that the prayer now as sought for by the petitioner would be considered by the respondents and an appropriate orders would be passed in accordance with law.

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7.In view of the above submission made by the parties concerned and also a limited prayer sought for by the petitioner, without expressing any opinion on its merits, this Court directs the respondents to consider the petitioner's representation dated 13.09.2021 in accordance with law and on merits and pass appropriate order as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

8.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dn 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.

To 1.The Managing Director, The State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai - 2.

2.The General Manager, The State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai,Chennai - 2.

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

+1 CC to M/s.A.RAHUL, Advocate ( SR-32775[F] dated 27/10/2021 ) +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-32642[F] dated 26/10/2021 ) 26.10.2021 RK/SKN(17/11/2021) 3P 6C 3/3