Madras High Court
L.Selvaraj vs The State Of Tamil Nadu on 23 June, 2021
WP.No.13110/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.No.13110/2021
[Video Conferencing]
1.L.Selvaraj
2.P.Anbazhagan
3.S.Elangovan
4.D.Manoharan
5.Ramalingam
6.Velayutham
7.A.Rohini kumar
8.S.Sankaralingam
9.S.P.Deva Perumal
10.Malathy
11.M.Kaliyamurthy .. Petitioners
Vs
1.The State of Tamil Nadu
rep.by its Additional Chief
Secretary to Government
Finance Department, Secretariat
Chennai 600 009.
2.The State of Tamil Nadu
rep.by its Additional Chief Secretary
to Government, Transport Department
Secretariat, Chennai 600 009.
https://www.mhc.tn.gov.in/judis/ 1
WP.No.13110/2021
3.M/s.State Express Transport Corporation
rep.by its Managing Director,
No.2, Pallvan Salai, Chennai 600 002.
4.M/s.Tamil Nadu State Transport Corporation
Employees Pension Fund Trust, rep.by its
Administrator, No.2, Pallavan Salai
Chennai 600 002. .. Respondents
Prayer:-Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of mandamus directing the 3rd and 4th respondents herein to
revise the pension of the petitioners retired before 01.01.2016 in view of
the G.O.[Ms] No.313 dated 25.10.2017 and G.O.Ms.No.333 dated
09.11.2007 issued by the 1st respondent ; Circular in Letter
No.23/P2/TNSTC EPFT/2018-2173 dated 09.05.2018 issued by the 4th
respondent and G.O.[Ms] No.134, Transport [D] Department dated
09.04.2018 issued by the 2nd respondent and in the light of the orders
passed by this Court in WA.Nos.399 and 400 of 2014 dated 05.08.2014
and the orders of the Hon'ble Supreme Court in Transfer Case [Civil]
No.72 of 2004 dated 10.10.2006, [2006] 11 sCC 709, in the similar cases
by considering the representations of the petitioners 1 to 5, 8 and 9 dated
24.04.2021, 6th petitioner dated 26.04.2021, 7th petitioner dated 27.04.2021
and 10th and 11th petitioners dated 03.05.2021.
For Petitioners : Mr.D.Soundar Raj
For RR 1 & 2 : Mr.C.Kathiravan
Government Advocate
For RR3&4 : Mr.K.Murthy
Standing counsel
ORDER
1. By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
WP.No.13110/2021
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the respondents 1 and 2 and Mr.K.Murthy, learned
Standing counsel accepts notice on behalf of respondents 3 and 4.
3. The petitioners were appointed as Junior Assistants in the 3rd
respondent Corporation and were subsequently promoted as
Superintendent/Senior Superintendent/Section Officer and retired
from service on attaining the age of superannuation before
01.01.2016. It is the case of the petitioners that the pension for the
pensioners/administrative supervisory staffs who retired from
service from 17.06.2009, was also granted as per the VI Pay
Commission Recommendations. It is also contended that the 4th
respondent issued a Circular to all the Managing Directors of the
State Transport Corporation vide Letter No.23/P2/TNSTC
Soft/2018-2173 dated 09.05.2018 stating that the guidelines for
revision of pension for the pensioners would be given separately.
However, the same has not been framed till date. It is the belief and
case of the petitioners that their pension would be revised as the
respondents cannot treat equals unequally and deprive the
petitioners of the benefit which was granted to several individuals,
WP.No.13110/2021
who are similarly placed as that of the petitioners. It is the further
case of the petitioners that their prayer is supported by several
judgments of the Hon'ble Supreme Court of India as well as the ratio
laid down by the judgment of a Division Bench of this Court in
WA.Nos.399 and 400/2014 dated 05.08.2014. Since the petitioners'
prayer for revision of pension in the form of various representations
has not been considered so far, they are constrained to approach this
Court by filing the present writ petition.
4. The Court heard the submissions of the learned counsel for the
petitioners ; the learned Government Advocate appearing for
respondents 1 and 2 and the learned Standing counsel appearing for
respondents 3 and 4 and perused the materials placed before it.
5. Since the petitioners have made representations to the respondents to
revise the pension as per the recommendations of the VII Pay
Commission and the said representations have not been considered
so far, this Court is of the view that the respondents can be directed
to consider and pass orders on the representations of the petitioners
within the stipulated time frame.
WP.No.13110/2021
6. Accordingly, the writ petition stands disposed of with a direction,
directing the respondents 3 and 4 to consider the petitioners'
representations submitted on various dates seeking revision of
pension as per the Recommendations of the VII Pay Commission
and pass appropriate orders on merits and in accordance with law in
the light of the judicial precedents relied on by the petitioners,
within a period of twelve weeks from the date of receipt of a copy of
this order and communicate the decision taken, to the petitioners.
No costs.
23.06.2021
[2/2]
AP
Internet : Yes
To
1.The Additional Chief Secretary to Government
State of Tamil Nadu, Finance Department, Secretariat
Chennai 600 009.
2.The Additional Chief Secretary
to Government, State of Tamil Nadu
Transport Department, Secretariat, Chennai 600 009.
3.Managing Director,
M/s.State Express Transport Corporation
No.2, Pallvan Salai, Chennai 600 002.
4.The Administrator,
M/s.Tamil Nadu State Transport Corporation
Employees Pension Fund Trust, No.2, Pallavan Salai
Chennai 600 002.
WP.No.13110/2021
S.S.SUNDAR, J.,
AP
WP.No.13110/2021
23.06.2021
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