Madras High Court
S.Boopalan vs The Management Of Tamil Nadu State on 2 March, 2016
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2016
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P(MD)Nos.10077 of 2015 and 10078 of 2015
S.Boopalan ... Petitioner in
both the writ petitions
Vs.
1.The Management of Tamil Nadu State
Transport Corporation (Kumbakonam) Ltd.,
represented by its Managing Director
Kumbakonam.
2.The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Kumbakonam Region,
Kumbakonam.
3.The Administrator
The Tamil Nadu State Transport
Corporation Pension Fund Trust,
Thiruvalluvar House,
Pallavan Salai,
Chennai-600 002. ... Respondents
in
both the writ petitions
Prayer in W.P.(MD).No.10077 of 2015:
Writ Petition is filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus directing the respondents to extend the
5th review benefit to the petitioner, based on the settlement dated
22.01.2011 entered into under Section 12(3) of Industrial Disputes Act.
Prayer in W.P.(MD).No.10078 of 2015:
Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to pay
the difference in salary for the month of September 2010 based on the new
scale of pay of Rs.5200-20200+2200 (Grade Pay) introduced in G.O.Ms.No.51
Transport (C1) Department, dated 14.03.2013 for the post of Checking
Inspector with interest at the rate of 12% per annum payable from 01.09.2010
to till the date of actual payment and further directing the respondents to
revise and refix petitioner's retirement benefits including gratuity, leave
salary, commuted value of pension and all other attendant monetary benefits
based on the new scale of pay of Rs.5200-20200+2200 (Grade Pay) and to
disburse the difference in retirement benefits to the petitioners with
interest at the rate of 12% per annum payable from 01.09.2010 to till the
date of actual payment within a stipulated time.
!For Petitioner in both
the writ petitions : Mr.A.Rahul
^For Respondents in both
the writ petitions : Mr.D.Sivaraman
:COMMON ORDER
Though the prayer in the Writ Petitions are widely worded, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if his representation, dated 10.09.2012 is directed to be disposed of by the respondents / Transport Corporation, in the light of G.O.Ms.No.51, Transport (C1) Department, dated 14.03.2013 and the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a stipulated time.
2.Heard the learned counsel for the respondents on the above submission made by the learned counsel for the petitioner.
3.In view of the above submission made by the learned counsel for the petitioner, the second respondent herein is directed to dispose of the representation of the petitioner, dated 10.09.2012, in the light of G.O.Ms.No.51, Transport (C1) Department, dated 14.03.2013 and the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a period of eight weeks from the date of receipt of a copy of this order.
4. Both the Writ Petitions are disposed of accordingly. No Costs.
To
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.
3.The Administrator The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002..