Thangavel A v. The Government Of Tamil Nadu Represented By Its Additional Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.27820, 27836, 27824, 27830, 27854, 27825, 27827, 27850, 27853, 27821, 27826,27846, 27838 and 27828of 2025 Thangavel
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1. The Government of Tamil Nadu represented by its Additional Chief Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited New Railway Station Road, Kumbakonam.
3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ... Respondents in all WPs PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a a Writ of Certiorarified Mandamus, a) to call for the records relating to G.O.(Ms) No.330 Transport (C.1) Department dated 31.10.2018 issued by the respondent No.1 herein and to quash the same, b) to direct the respondents to revise / re-fix the wages of the petitioner by adopting 2.57 multiplier factor, from 29.02.2016 and to pay the arrears of wages from 29.02.2016 to 30.04.2024, from 29.02.2016 and to pay the arrears of wages from 29.02.2016 to 31.03.2023, from 24.02.2017 and to pay the arrears of wages from 29.06.2016 to pay the 2/9
arrears of wages, from 29.02.2016 to 30.04.2019, from 24.02.2017 and to pay the arrears of wages from 24.02.2017 to 31.12.2022, from 24.02.2017 and to pay the arrears of wages from 24.02.2017 to 31.05.2019, from 29.02.2016 and to pay the arrears of wages from 29.02.2016 to 30.06.2018, from 24.02.2017 and to pay the arrears of wages from 24.02.2017 to 31.12.2023, from 19.01.2016 and to pay the arrears of wages from 19.01.2016 to 31.05.2025, from 29.02.2016 and to pay the arrears of wages from 29.02.2016 to 31.05.2022, from 25.04.2017 and to pay the arrears of wages from 25.04.2017 to 30.09.2018, from 26.04.2017 and to pay the arrears of wages from 26.04.2017 to31.03.2018, from 29.02.2016 and to pay the arrears of wages from 29.02.2016 to 31.07.2023, from 17.06.2016 and to pay the arrears of wages from 17.06.2016 to 30.04.
2017, c) to revise the retirement benefits including Gratuity, Earned Leave Salary, Commutation of Pension and Pension based on the revised wages and to pay the difference along with interest at the rate of 18 percent per annum from the date of retirement till the date of actual payment, respectively. For Petitioners : Mr.D.Sivaraman For Respondents : Mr.S.Vinodh, No.1 Government Advocate For Respondent : Mrs.Dakshyani Reddy, No. 2 Senior Counsel Assisted by Mrs.Madhuri Donti Reddy For Respondent : Mr.S.C.Herold Singh No.
ORDER
All these petitioners are employees of the respondent Transport Corporation. They have been engaged as workmen in the corporation and subsequently they have been promoted to the managerial cadre in between February and March 2016.
2.The wage revision applicable to the petitioners while they were working as workmen is based on the wage settlement. All these writ petitioners have availed the benefit of wage revision as per the Wage Settlement of the years 2010 and 2013. Subsequent wage revision was made only on 04.01.2018, it was implemented notionally on 01.09.2016 and monetary benefit was given with effect from 01.09.2017. 3.Since all the petitioners have been promoted to the managerial cadre, they are covered under the pay commission revision. Pay Commission revision is made once in 10 years. However the wage settlements are made once in 3 years.
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4.The petitioners claim that since they have been promoted to the managerial cadre, they have not been provided with the benefits under the wage settlement and therefore, the petitioners claim wage revision as per the pay commission recommendations implemented vide G.O.Ms.No.303 at the rate of 2.57 multiplier. Whereas the department claims that the petitioners have availed the wage settlement benefits and therefore, they are entitled for pay revision at the rate of 2.44 multiplier. 5.Claiming pay revision @ 2.57 multiplier some of the workmen have filed writ petitions before the Principal Seat and the same were allowed, confirmed by the Division Bench and also by the Hon'ble Supreme Court. The revision petition filed by the department was dismissed. Therefore, the employees, who have been promoted to the managerial cadre in between 01.01.2016 and 31.10.2018, have been provided with wage revision as per the pay commission revision @ 2.57 multiplier. Therefore, the petitioners have filed these writ petitions claiming similar relief.
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6.The main contention of the respondent transport corporation is that all the writ petitions are liable to be rejected on the ground of laches and that the petitioners have availed the benefits of wage settlement and therefore, they are entitled for wage revision as per the award passed by the Arbitrator @ 2.44 factor. In similar issue this court has also referred the matter to the Arbitrator and Hon'ble Mr Justice E.Padmanaban (retd) has passed an award dated 03.05.2018. The relevant paragraph of the award passed by the Arbitrator reads as under: "120. It is held that the wage scale of employees of the State Transport Undertakings have already been fixed at by 20 applying multiplier factor of 257 as a result of several consecutive revisions reached in a span of once in three years.
Therefore, statutorily the claimants have already been given the benefit of multiplier factor of 2.57 by virtue of earlier three consecutive settlements as well as the latest settlement concluded on 04.01.2018 Therefore, the claimants are not entitled for any further revision of wages than concluded in terms of settlement entered on 04.01.2018. This point is accordingly answered."
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7.The Arbitrator has rejected the claim for revision of pay @ 2.57 multiplier, since the petitioners therein availed the benefits of settlement of the year 2010, 2013, 2016 and 2018. The petitioners claim that they have not availed the benefit of settlement of the year 2018. Therefore, they will not come under that category.
8.Since this Court has already granted the relief to the similarly placed persons, who have been promoted in between 01.01.2016 to 31.10.2018, which has also been confirmed by the Division Bench of this Court and by the Hon'ble Supreme Court, these writ petitions are allowed.
9.The petitioners herein, who have been promoted in between 01.01.2016 and 31.10.2018, have not availed wage revision as per wage settlement dated 04.01.2018. Therefore, the petitioners are entitled for the revised scale of pay at the rate of 2.57 as provided to all other Government servants vide G.O.Ms.No.303. In the event if the petitioners had already availed the benefit under the wage settlement of the year 2018, the same shall be recovered from the petitioners. Since the 7/9
petitioners have approached this Court belatedly, they are not entitled for the interest. The revised scale of pay shall be calculated from the date of their promotion till the date of their retirement and disbursed the same to the petitioners, within a period of six months from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petitions are closed.
06.01.2026 Index : Yes / No DSK To
1. The Government of Tamil Nadu represented by its Additional Chief Secretary, Transport Department, Secretariat, Chennai - 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited New Railway Station Road, Kumbakonam.
3. The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. 8/9
B.PUGALENDHI.J., DSK 06.01.2026 9/9