Madras High Court
A.Balasubramaniam vs The Principal Secretary To Government on 7 December, 2018
Author: S.Vimala
Bench: S.Vimala
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2018
CORAM:
THE HON’BLE DR.JUSTICE S.VIMALA
W.P.No.32528 of 2018
A.Balasubramaniam ... Petitioner
Vs.
1. The Principal Secretary to Government,
Transport Department,
Tamil Nadu Government,
Secretariat,
Chennai – 600 009.
2. The Managing Director,
Tamil Nadu State Transport
Corporation (Salem) Ltd.,
Salem Division,
No.12, Ramakrishna Road,
Post Box No.713,
Salem – 636 007.
3. The General Manager,
Tamil Nadu State Transport
Corporation (Salem) Ltd.,
Salem Division,
No.12, Ramakrishna Road,
Post Box No.713,
Salem – 636 007.
4. The Administrator,
Tamil Nadu State Transport
Corporation Employees Pension Fund Trust,
Thiruvalluvar House, Pallavan Salai,
Chennai. ... Respondents
http://www.judis.nic.in
2
Writ Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of mandamus, to direct the respondents to revise the
petitioner's pay for the period from 13.08.2015 to 31.05.2017 based on the terms
of 13th Settlement dated 04.01.2018 entered under Section 12(3) of Industrial
Disputes Act, 1947 and further direct the respondents to pay the difference
amount in his salary for the period from 13.08.2015 to 31.05.2017 and to pay
difference in his retirement benefits including monthly pension, gratuity, leave
salary, dearness allowance, commuted value of pension and all other attendant
benefits payable to him together with a reasonable rate of interest.
For Petitioner : Mr.N.Sudhagar Nagaraj
For Respondents : Mr.A.N.Thambidurai,
Special Government Pleader
ORDER
The petitioner, who was working as Senior Grade Driving Instructor in the respondent Corporation, was allowed to retire from service on 31.05.2017.
1.1. According to the petitioner, by 13th Settlement dated 04.01.2018, the 2nd and 3rd respondents agreed to grant revised basic pay to the Checking Inspector and Driving Instructor 1.2. It is the grievance of the petitioner that the respondents 1 to 3 calculated the basic pay from 13.08.2015 to 31.05.2017 and his retirement benefits and pension amount based on the old scale of pay only; the 13 th http://www.judis.nic.in 3 Settlement dated 04.01.2018 was not taken into account by the 2nd and 3rd respondents while computing his basic pay from the said date and his retiral benefits and pension amount also. Expressing the grievance, the petitioner has submitted a representation dated 22.11.2018 to the respondents. This has not been considered by the respondents till date. Hence, this writ petition has been filed by the petitioner.
2. The learned counsel for the petitioner submitted that it would suffice, if the representation of the petitioner dated 22.11.2018 is directed to be considered by the respondents, within a stipulated time.
3. Having regard to the limited prayer sought for herein, this Court, without going into the merits of this issue, directs the respondents to consider the representation of the petitioner dated 22.11.2018, in the light of 13 th settlement dated 04.01.2018 and to pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order.
4. With the above direction, the writ petition is disposed of. No costs.
07.12.2018 ogy http://www.judis.nic.in 4 DR.S.VIMALA, J.
ogy To
1. The Principal Secretary to Government, Transport Department, Tamil Nadu Government, Secretariat, Chennai – 600 009.
2. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem – 636 007.
3. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem – 636 007.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai.
W.P.No.32528 of 201807.12.2018 http://www.judis.nic.in