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Madras High Court

K.V.Nagarajan vs The Chairman Of Stus And The Principal ... on 20 December, 2018

Author: R.Subramanian

Bench: R.Subramanian

                                                     1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           Dated : 20.12.2018

                                                   CORAM

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                        W.P.(MD)No.25075 of 2018

                 K.V.Nagarajan                                      ... Petitioner

                                             Vs.

                 1.The Chairman of STUs and the Principal Secretary to Govt.,
                   Government of Tamil Nadu,
                  Transport Department,
                  Fort ST.George, Chennai 600009.

                 2.The Managing Director,
                   Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Corporate Office,
                   27 New Railway Station Road,
                   Kumbakonam 612001.
                   Tanjure District.

                 3.The Chief Financial Officer,
                   Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Corporate Office, 27 New Railway Station Road,
                   Kumbakonam 612001.
                   Tanjure District.

                 4.The Administrator,
                   Tamil Nadu State Transport Corporations Employees Pension Trust,
                   Thiruvalluvar Illam, SETC Ltd., Tamil Nadu Office,
                   Pallavan Salai, Chennai 600002.

                 5.The General Manager,
                   Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                   Regional Office, Marudhu Pathi,
                   Managiri Post. Karaikudi.
                  Sivagangai District.                              ...Respondents




http://www.judis.nic.in
                                                         2

                          Writ Petition filed under Article 226 of the Constitution of India to
                 issue a Writ of Mandamus, to direct the respondents to revise the pension
                 benefits and other terminal benefits as per the Revised Basic Pay like
                 Commutation and Leave Salary et., and as per Hon'ble Court direction
                 interest on Commutation amount and Leave Salary amount for its delayed
                 payment, with interest at the rate of 12% per annum payable from the
                 date of retirement of the petitioner to till the date of disbursement of the
                 said monetary benefit based on the recommendation of the 7 th Pay
                 Commission, the Tamil Nadu Revised Scales of Pay Rules, 2017 and as per
                 the G.O.Ms.No.134 Transport (D) Department dated 09.04.2018.


                                     For Petitioner    : Mr.T.Nagasundaram
                                     For R1            : Mr.A.Muthukaruppan
                                                          Additional Government Pleader

                                     For R2, R3 & R5 : M.D.Sivaraman

                                     For R4            : Mr.A.P.Muthu Pandian


                                                  ORDER

The petitioner seeks a writ of mandamus directing the respondents to revise the pension benefits and other terminal benefits on the basis of the pay revision that is implemented with retrospective effect and as per the recommendations of the 7th Pay Commission with retrospective effect.

2.The entitlement of the similarly placed persons has been upheld by this Court in W.P.(MD)No.21025 of 2018, dated 23.10.2018. http://www.judis.nic.in 3

3.In view of the same, there will be a direction to the respondents to consider the representation of the petitioner seeking revision dated 21.11.2018 in the light of the G.O.Ms.No.134 Transport (D) Department, dated 09.04.2018 and the order of this Court in W.P.(MD)Nos.21025 of 2018 and 22337 of 2018, dated 23.10.2018 and 01.11.2018 and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order. If the petitioner is found entitled to the revision, the revised pension and arrears shall be paid to him, within a period of two months thereafter.

4.The writ petition is disposed of with the above direction. No costs.

                 Index         : Yes/No                                        20.12.2018
                 Internet      : Yes/No
                 rmi


                 To

The Chairman of STUs and the Principal Secretary to Govt., Government of Tamil Nadu, Transport Department, Fort ST.George, Chennai 600009.

http://www.judis.nic.in 4 R.SUBRAMANIAN. J rmi order made in W.P.(MD)No.25075 of 2018 20.12.2018 http://www.judis.nic.in