Disposed

Oyvu Petra Pokkuvarathuk v. The Additional Chief Secretary

Madras HC18 Sept 2019WP/673/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought directions for the revision of pensions and Dearness Allowance for employees. The Court directed the respondents to consider the representations on merits and pass appropriate orders within twelve weeks.

What did the court decide?

Order directed respondents to consider representations on merits and pass appropriate orders within twelve weeks from the date of receipt of copy of order.

Oyvu Petra Pokkuvarathuk Vs The Additional… — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.09.2019 CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.673 of 2019

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Oyvu Petra Pokkuvarathuk Kalzhaka Paniyalarkalin Pothu Nala Sangam By its President

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... Petitioner

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Vs.

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1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Administrator, TNSTC Employees Pension Fund Trust, SETC Office Complex, 2 Pallavan Salai, Chennai – 600 002. ... Respondents Prayer:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1^st respondent herein to consider the representation dated 09.10.2018 made by the Petitioner Association and issue necessary directions to the 2^nd respondent to revise the pension of the pensioners for the grade pay increased in the year 2010 and also revise the pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and also sanction increased Dearness Allowance for the period from 1/1/2016 to till date along with arrears at 9% as being paid to the employees on role.

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The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the first respondent herein to consider the representation dated 09.10.2018 made by the petitioner Association and issue

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https://hcservices.ecourts.gov.in/hcservices/

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necessary directions to the second respondent to revise the pension of the pensioners for the grade pay increased in the year 2010 and also to revise the pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and also to sanction increased Dearness Allowance for the period from 01.01.2016 to till date, along with arrears at the rate of 9% as being paid to the employees on role.

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2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

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3.The case of the petitioner Association is that the Association made representations dated 09.10.2018 and 22.11.2018 to the respondents seeking revision of pension as per 12(3) Wage settlement entered on 2010, 2013 and 2016 and to sanction increased dearness allowance. Since the same have not been considered till date, the petitioner Association has filed this writ petition.

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4.The learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 09.10.2018 and 22.11.2018 and to pass appropriate orders, within a reasonable time frame.

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5.Considering the facts and circumstances of the case, I am inclined to issue direction to the respondents to consider the petitioner's representations dated 09.10.2018 and 22.11.2018, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

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6.The writ petition is accordingly disposed of. No costs.

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Sd/Assistant Registrar(insp cell)

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//True Copy//

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Sub Assistant Registrar

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pri To

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1.The Additional Chief Secretary to Government, Transport Department, Secretariat, Fort St.George, Chennai – 600 009.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Administrator,

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TNSTC Employees Pension Fund Trust, SETC Office Complex,

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2 Pallavan Salai, Chennai – 600 002.

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+1cc to Mr.S.Balasubramanian , Advocate SR.No. 80414

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+1cc to Ms.Rajani Ramadoss , Advocate SR.No. 80684

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+1 cc to Government Pleader Sr.No. 80759

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W.P.No.673 of 2019

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A.SK(23/10/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Oyvu Petra Pokkuvarathuk v. The Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Oyvu Petra Pokkuvarathuk v. The Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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