Allowed

D.Murugu Adaikkalam, v. the Managing Director

Madras HC27 Feb 2019WP(MD)/4448/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to revise pension benefits based on the VII Pay Commission. The court disposed of the matter on the same lines as WP(MD)No.21025 of 2018, allowing the petitioner to avail benefits if within the cutoff date.

What did the court decide?

Petitioner directed to claim benefits within two months if within cutoff date; arrears payable with 6% per annum interest.

D.Murugu Adaikkalam, Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :27.02.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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WP(MD)No.4448 of 2019

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D.Murugu Adaikkalam ... Petitioner

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Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, 27, New Railway Station Road, Kumbakonam, Thanjavur District. 2.The Financial Advisor, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, 27, New Railway Station Road, Kumbakonam – 612 001, Thanjavur District. 3.The District Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai – 600 002. 4.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai -1, Pudukottai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to revise the pension benefits and other revised terminal benefits like Gratuity Arrears, Leave Salary Arrears and Pension Arrears, etc with interest at the rate of 12% Per Annum payable from the date of retirement of the petitioner till the date of payment at the rate of 12% Per Annum payable for the said monetary benefits as per the VII Pay Commission Tamilnadu Government https://hcservices.ecourts.gov.in/hcservices/ Pension Orders 2017 before retirement 2016 on the basis of 233^rd Board meeting dated 29.12.2017 and the resolution in Resolution

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No.56/2017-18, dated 29.12.2017, as per GO(Ms)No.134 Transport (D) Department dated 09.04.2018, agreeing for implementing the benefit of VII Pay Commission Report to the Managerial /Supervisory Cadre of TNSTC Officers.

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ORDER

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This writ petition has been filed seeking to direct the respondents to revise the pension benefits and other revised terminal benefits like Gratuity Arrears, Leave Salary Arrears and Pension Arrears, etc based on the resolution in Resolution No.56/2017-18, dated 29.12.2017, as per GO(Ms)No.134 Transport (D) Department dated 09.04.2018.

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2.The learned Counsel for the petitioner submitted that the issue involved in this writ petition has already been settled by this Court in WP(MD)No.21025 of 2018, dated 23.10.2018 and prayed for the similar relief in this writ petition also and the relevant portion whereof reads thus:

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“Admittedly, the benefits of 7th pay Commission is not applicable to the workmen category and they are governed by Settlement and Award. In case, the benefits of 7th pay Commission had already been granted to the in- service candidates (Workmen Category), as stated by the petitioner, the same benefits shall be extended to the others. In my view, as the petitioner is coming under managerial category, the benefits of 7th pay Commission has got to be extended to the petitioner taking into account any cut-off date for granting the benefits. In case, the petitioner comes within the cutoff date, within a period of two months from the date of receipt of a copy of this order. The arrears shall be paid to the petitioner together with interest at 6% per annum.”

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

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3.The learned Standing Counsel appearing for the 1^st and 2^nd respondents and the learned Standing Counsel appearing for the 3^rd respondent have no serious objection to the above submission.

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4 . In view of the above, the writ petition is disposed of on the same lines as observed in W.P.(MD)No.21025 of 2018 dated 23.10.2018. No costs.

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Sd/-

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Assistant Registrar(Crl.Side)

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/True Copy/

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Sub Assistant Registrar

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1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, 27, New Railway Station Road, Kumbakonam, Thanjavur District.

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2.The Financial Advisor, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, 27, New Railway Station Road, Kumbakonam – 612 001, Thanjavur District.

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3.The District Administrator, TNSTC Employees Pension Trust, Thiruvalluvar House, No.2, Pallavan Salai, Chennai – 600 002. 4.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai -1, Pudukottai District. +1 CC to M/s.K.GOKUL, Advocate SR-50576 +1 CC to M/s.D.SIVARAMAN, Advocate SR-50594

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ORDER MADE IN WP(MD)No.4448 of 2019 27.02.2019 dsk

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SP/PK/03.04.2019 : 3P/7C https://hcservices.ecourts.gov.in/hcservices/

D.Murugu Adaikkalam, v. the Managing Director

Case brief

What is this about?

What did the court decide?

D.Murugu Adaikkalam, v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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