G.Raja Iyanam Pillai v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR G.Raja Iyanam Pillai ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam-612 001.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy-620 001.
3.The Chief Financial Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
4.The Administrator, The Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.
... 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 revise the petitioner's pay and to pay difference in Salary, difference in Gratuity, difference in 1/5
Earned Leave Salary, and Arrears of Pension from July 2017 to October 2019 together with interest at the rate of 18% per annum in terms of 7th Pay Commission recommendations for revision of pay and as per G.O(Ms)No.134, Transport (D) Department, dated 09.04.2018.
For Petitioner : Mr.D.Siva Raman, Advocate For R-1 to R-3 : Mr.K.Jagadees Balan Standing Counsel For R-4 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking a Mandamus, directing the respondent Transport Corporation to pay the arrears in wages as well as revised pension.
2. According to the learned Counsel appearing for the writ petitioner, the writ petitioner had attained superannuation as Senior Superintendent in the respondent Corporation on 31.03.2017. The VIIth Pay Commission was introduced with effect from 01.01.2016 and the monetary benefits were to be disbursed from 01.01.2017. Therefore, according to the writ petitioner, he is entitle to receive the arrears from January 2017 to March 2017 and he is also eligible for re-fixation of his pensionary benefits.
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3. The petitioner has sent a representation on 02.09.2023 to the first respondent herein seeking the above benefits. The said representation is yet to be responded by the first respondent.
4. In view of the above said facts, the first respondent is directed to confer the said benefits (*)along with interest at the rate of 6% per annum from 09/04/2018 till the date of realization upon the writ petitioner on the basis of G.O(Ms)No.134 Transport (D) Department, dated 09.04.2018, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CO) (*)Corrected as per order of this Court dated 29/07/2024 made in WP(MD)No. 24686 of 2023 Sd/- Assistant Registrar (CO) // True Copy // / /2024 Sub Assistant Registrar(CS) BTR 3/5
To (*)To be substituted the order already despatched on 21/11/2023 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam-612 001.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy-620 001.
3.The Chief Financial Officer, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
4.The Administrator, The Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002. +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-47349[F] dated 12/10/2023 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-47507[F] dated 13/10/2023 ) 4/5
+1 CC to M/s.K.JAGADEES BALAN, Advocate ( SR-47672[F] dated 13/10/2023 ) 12.10.2023 SA (09.11.2023) 5P 8C MGJ (02/08/2024 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5