Madras High CourtWP(MD)/18235/2023disposed of

Murugan .N v. The Managing Director

2023-07-28Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Murugan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Mardhupathi, Managiri Post, Karaikudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of salary from January 2016 to March 2018 on the basis of VIIth Pay Commission along with interest 6%. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel 1/5

ORDER

The present writ petition has been filed seeking direction to the respondents to disburse the petitioner's difference amount of salary from January 2016 to March 2018 on the basis of VIIth Pay Commission along with interest 6%.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed in the respondent Corporation as a Junior Assistant on 01.01.1984. He retired from service as an Assistant Manager on 31.03.2019 on attaining the age of superannuation, after completing 35 years of service. When he was in service, VIIth Pay Commission came into effect on 01.01.2016. However, the same was implemented on 01.04.2018 after the retirement of the petitioner. The petitioner's pension and commutation were disbursed on the basis of VIIth Pay Commission and the same is still continuing. However, the salary has to be revised on the basis of VIIth Pay Commission. If that is done, the petitioner will get difference amount than 2/5

which he is receiving as on date. The respondents have already revised the pension and recovered the amount from pension for commutation with retrospective effect from the date of retirement and the recovery was effected on 05.10.2019 and the revised commutation was issued on 30.01.2021.

4. The petitioner made several representations to the respondents in person. However, that is of no avail. Finally, the petitioner has sent another representation on 28.06.2023, which was also of no avail. Hence, this writ petition came to filed.

5. Considering the facts and circumstances of this case, this Court is inclined to direct the respondents to disburse the petitioner's difference in amount of salary from January 2016 to March 2018, on the basis of VIIth Pay Commission along with 6% interest.

6. This writ petition stands disposed of, accordingly. There shall be no order as to costs.

28.07.2023 3/5

NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Mardhupathi, Managiri Post, Karaikudi, Sivagangai District.

4/5

L.VICTORIA GOWRI, J.

BTR 28.07.2023 5/5