The High Court disposed of a writ petition by directing the Tamil Nadu State Transport Corporation to consider the petitioner's representation regarding pension and pay revision within twelve weeks, without adjudicating merits.
Direction to consider representation dated 08.04.2019 within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.13191 of 2019
R.Rajagopal
..Petitioner
vs
Tamil Nadu State Transport, Corporation (Kum) Ltd.,
Rep. by its Managing Director, Railway Station New Road, Kumbakonam.
.. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to sanction 5th review, Grade pay of Rs.4200/-, 72% Dearness allowance and revised pension and consequential arrears of pay by considering the representation of the petitioner dated 08.04.2019.
For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.V.Kathiresan
ORDER
Writ Petition is filed for issuance of Writ of Mandamus, directing the respondent to sanction 5th review, Grade pay of Rs.4200/-, 72% Dearness allowance and revised pension and consequential arrears of pay by considering the representation of the petitioner dated 08.04.2019.
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009, addressing the Managing Directors of all State Transport Undertakings, accorded sanction for enhancement of Dearness allowance from 65% to 72% with effect from 01.07.2012. As per wage settlement (s.no.4 of settlement) entered on 22.01.2011 by the State Transport Undertaking which is applicable to the employees with effect from 01.09.2010, the petitioner is entitled for 5th review. His increment was sanctioned with effect from 01.11.2007 instead of 01.08.2007 which is the petitioner's due date after 4 months of due increment was sanctioned. Since the 5th review and the Grade pay of Rs.4200/were postponed, the petitioner was unable to receive the grade pay and review benefits on the ground that he proceeded on voluntary retirement with effect from 15.10.2012 and the petitioner is getting minimum pension. Therefore, he made a representation dated 08.04.2019 to the respondent to sanction 5th review, Grade pay of Rs.4200/-, revised pension and 72% Dearness allowance and it was not considered till date. Since the representation of the petitioner has not been considered, the petitioner has filed the present petition with the aforesaid prayer.
4.The learned counsel for the petitioner submitted that, it would suffice if a direction is passed to the respondent to consider the representation of the petitioner dated 08.04.2019, within a reasonable time as fixed by this Court.
5.The learned counsel appearing for the respondent accede to the submission made by the learned counsel for the petitioner and submitted that if any such representation was received by the respondent, the same will be considered on merits and in accordance with law.
6.Thus, without going into the merits of the case, this Court is inclined to direct the respondent to consider the representation of petitioner dated 08.04.2019 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
7.With the above directions, the writ petition stands disposed of. No costs. Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
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To
The Managing Director, Tamil Nadu State Transport, Corporation (Kum) Ltd., Railway Station New Road, Kumbakonam.
+1 cc to M/s.D.Soundarraj,Advocate Sr.No. 82374
+1 cc to M/s.Kathiresan,Advocate Sr.No. 82239
AKM/30.10.19/3P-4C /
W.P.No.13191 of 2019
3 issues framed by the court
Whether the writ petition should be disposed of at the admission stage by directing the respondent to consider the petitioner's representation.
Whether the respondent should consider the representation dated 08.04.2019 regarding pension and pay revision benefits.
What time limit should be imposed on the respondent to pass orders on the representation.
1 provisions across 1 enactments
R. Rajagopal
Tamil Nadu State Transport Corporation (Kum) Ltd.
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
