S.Nagarajan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Nagarajan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli 627 003.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Vannarapettai, Tirunelveli.

Cause title amended as per the order of this Court in W.M.P.(MD).No.5496 of 2017, dated 11.03.2021. 3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai 600 002.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to step up the pay of the petitioner like those of other similarly placed person and on par with his junior M.Thankam Ponnammal, from the date on which the pay anomaly occurred with monetary and other service benefits within a time that may be fixed by this Court. For Petitioner : Mr.S.Royce Immanuel For Respondents : Mr.K.Sathiya Singh Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondents to step up the pay of the petitioner like those of other similarly placed person and on par with his junior viz., M.Thankam Ponnammal, from the date on which the pay anomaly occurred with monetary and other service benefits.

2. The case of the petitioner is that there was a pay anomaly in between the petitioner and his juniors and the juniors are getting higher pay than the petitioner. Hence, the petitioner has 1/3

made a representation to the respondents 1 and 2, on 16.03.2017, to remove the pay anomaly. But, till date the said representation was not considered. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents 1 and 2 are directed to dispose of the representation of the petitioner, dated 16.03.2017, on merits and in accordance with law, within a specified period.

4. The learned Standing counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider the petitioner's representation, dated 16.03.2017 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli 627 003.

2.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Vannarapettai, Tirunelveli.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai 600 002.

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+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-10629[F] dated 12/03/2021 ) 11.03.2021 ES(CO) KB(30.03.2021) 3P 5C 3/3