A. Lakshmanan v. The Prl.Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI A.Lakshmanan ... Petitioner -Vs1.The Principal Secretary to Government and the Chairman of the State of Transport undertakings Government of Tamil Nadu, Transport Department Secretariat, Fort St.George Chennai 600 009 2.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam)Limited 27, New Railway Station Road Kumbakonam 612 001 3.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam)Limited, Karaikudi Region Marudhu Pathi, Managiri Post Karaikudi 630 001 4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai 600 002 ...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant 4th and 5th level review benefits by fixing the scale of pay in the Senior Grade Checking Inspector and consequently to pay pension revision in the light of the judgment dated 25.10.2016 in W.P(MD). No.20466 to 20470 of 2016 and based on the G.O.(Ms).No,61 Transport (C) Department dated 30.04.2015, as per terms of settlement dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act, 1947.
For Petitioner : Mr.T.Nagasundaram For Respondent No.1 : Mr.C.M.Mari Chellaiah Prabhu Additional Government Pleader For Respondent Nos.2 to 4 : Mr.P.Balasubramanian 1/3
ORDER
Heard Mr.T.Nagasundaram, learned counsel appearing on behalf of the writ petitioner, Mr.C.M.Mari Chellaiah Prabhu, learned Additional Government Pleader appearing on behalf of the first respondent and Mr.P.Balasubramanian, learned counsel appearing on behalf of the respondents 2 to 4.
2.This Writ Petition has been filed to direct the respondents to grant 4th and 5th level review benefits by fixing the scale of pay in the Senior Grade Checking Inspector and consequently to pay pension revision in the light of the judgment dated 25.10.2016 in W.P(MD).No.20466 to 20470 of 2016 and based on G.O.(Ms).No,61 Transport (C) Department dated 30.04.2015, as per terms of settlement dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act, 1947.
3.According to the petitioner, he was appointed as Daily Wage Conductor. His service was regularized as Senior Conductor, based on his service and subsequently, he was promoted as Checking Inspector with effect from 21.12.1998 and Traffic Inspector with effect from 23.07.2010. He retired from service on 31.05.2011 on attaining the age of superannuation.
4.The learned counsel appearing for the petitioner submitted that the petitioner is entitled to get the benefits given in G.O. (Ms).No.61, dated 30.04.2015, fixing the appropriate higher scale of pay. The petitioner has given representation to the respondents on 19.08.2019. The respondents have not passed any order. Hence, the petitioner has come out with the present writ petition. 5.The learned counsel appearing for the respondents 2 to 4 would submit that the petitioner's representation dated 19.08.2019 will be considered and appropriate orders will be passed, if he is otherwise eligible, within a time frame to be fixed by this Court. 6.
Considering the abovesaid submission of the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 2 to 4, the third respondent is directed to consider the representation of the petitioner, dated 19.08.2019 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) 2/3
To 1.The Principal Secretary to Government and the Chairman of the State of Transport undertakings Government of Tamil Nadu, Transport Department Secretariat, Fort St.George Chennai 600 009 2.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam)Limited 27, New Railway Station Road Kumbakonam 612 001 3.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam)Limited, Karaikudi Region Marudhu Pathi, Managiri Post Karaikudi 630 001 4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House Pallavan Salai, Chennai 600 002 +1 CC to Mr.R.SARAVANAN, Advocate ( SR-88166[F] dated 20/09/2019 ) +1 CC to Mr.P.BALASUBRAMANIAN, Advocate ( SR-88625[F] dated 23/09/2019 ) +1 CC to spl.GP ( SR-88563[F] dated 23/09/2019 ) 20.09.2019 msa MK (09.10.2019) 3P 8C 3/3