Ramachandran.M v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.01.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.24978 of 2022 M.Ramachandran ... Petitioner versus

1. The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., KTC Nagar, Tirunelveli.

2. The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar House, Pallavan Illam, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the respondents herein to determine the monthly pension of the petitioner as Rs.21,523/- from 01.06.2017 to 31.08.2019 and sanction the difference amount for pension arrears for a period of 27 months from 01.06.2017 to 31.08.2019 1/5

along with interest at the rate of 6% per annum within the time limit that may be fixed by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For R1 : Mr.D.Jebaraj, Standing Counsel For R2 : Mr.S.C.Herold Singh

ORDER

The petitioner was working as Special Grade Conductor in the Tamil Nadu Transport Corporation and retired from service on 31.05.2017. The grievance of the petitioner is that as per 13th wage settlement, he is entitled for basic salary of Rs.40,900/- and therefore, his pension ought to have been calculated as Rs.21,523/-, whereas, his pension was fixed as Rs.18,449/- p.m., treating his basic salary as Rs.14,300/-. Therefore, he has submitted a representation and according to him, the same was also considered and his pension was revised as Rs.21,523/- with effect from 01.09.2019. Therefore, the petitioner, with a grievance that he is entitled for receiving the pension amount of 2/5

Rs.21,523/- from the month of 01.06.2017, has filed this writ petition for a mandamus, directing the respondents to sanction the difference amount of pension arrears from 01.06.2017 to 31.08.2019 together with interest at the rate of 6% p.a.

2. The learned Standing Counsel appearing for the second respondent submits that the petitioner retired from service on 31.05.2017 and 13th wage settlement was made only on 04.01.2018. Based on G.O.Ms.No.142, Transport (E) Department dated 26.08.2019, the petitioner's prayer was denied. In the letter in No.490/E1/2024-1 dated 13.06.2024, the Government has directed to pay the arrears of revised pension to the pensioners covered under 13th Wage Settlement (who have retired between 01.09.2016 and 31.12.2017) with monetary benefit from 01.09.2017. Therefore, according to him, the pension of the petitioner was enhanced from Rs.18,441/- to Rs.21,573/- from 01.09.2019 and the pension arrears from 01.09.2017 to 31.08.2019 (the difference of amount of Rs.3,132/- x 24 months) to the tune of Rs.75,168/- was also settled to the petitioner in four installments and final settlement was made on 16.09.2024.

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3. Recording the submissions made by the learned Standing Counsel appearing for the second respondent, this writ petition is closed. No costs.

02.01.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet:Yes / No.

To

1. The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., KTC Nagar, Tirunelveli.

2. The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar House, Pallavan Illam, Chennai - 600 002.

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B.PUGALENDHI, J.

ogy WP(MD)No.24978 of 2022 02.01.2025 5/5