S.Shunmugham Pillai v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Shunmugham Pillai ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, 27, New Railway Station Road, Kumbakonam-612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, 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 re-fix the pay of the petitioner by adopting 2.57 multiplier/matrix on par with 7th pay revision from the date of promotion with subsequent increments and to revise the terminal benefits and pension further to disburse the difference 1/5
amount and pension arrears along with 6% interest based on the petitioner's representation, dated 21.09.2023.
For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan Standing Counsel
ORDER
The present Writ Petition has been filed by the Superintendent, who was working in the respondent Transport Corporation seeking a Mandamus directing the respondents to re-fix the pay of the petitioner by adopting 2.57 multiplier/matrix on par with VIIth Pay Commission from the date of promotion with subsequent increments and to revise the terminal benefits and pension further to disburse the difference amount and pension arrears along with 6% interest based on the petitioner's representation, dated 21.09.2023.
2. According to the learned Counsel appearing for the petitioner, the cadre of Superintendent being Supervisory and Managerial cadre is not covered by the settlement under Section 12(3) of the Industrial Disputes Act, 1947 entered into between the Trade Union and the Management. However, he is 2/5
covered by the Tamil Nadu Revised Pay Rules, 2017. As per the said Revised Pay Rules, 2017, he is eligible and entitled to re-fixation of pay by adopting different multipliers/matrix as per VIIth Pay Commission. However, presently the benefits are being conferred upon the writ petitioner only to the effect by 2.44 factor.
3. The learned Counsel appearing for the writ petitioner relied upon the judgment of the learned Single Judge of this Court, dated 20.06.2023 in W.P(MD)No.3609 of 2020 (S.Sampath Vs. the Additional Chief Secretary to Government and Others) wherein, this Court was pleased to accept the similar contention and has allowed the writ petition.
4. A perusal of the order of the learned Single Judge of this Court indicates that the petitioner is similarly placed person and therefore, this writ petition stands allowed. Accordingly, the second respondent is directed to confer the benefits upon the writ petitioner and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/5
5. With the above said observations, this Writ Petition stands allowed. There shall be no order as to costs.
08.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, 27, New Railway Station Road, Kumbakonam-612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Maruthupathi, Managiri Post, Karaikudi, Sivagangai District.
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R.VIJAYAKUMAR, J.
BTR 08.12.2023 5/5