Madras High Court
V.Sundaram vs The Managing Director on 31 October, 2022
W.P(MD)No.1004 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.1004 of 2020
V.Sundaram ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
Railway Station New Road,
Kumbakonam.
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar Illam, Palavan Salai,
Chennai – 2. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
settle the difference in Salary pension, commutation of pension, Gratuity and
Surrender leave salary along with 18 percent interest on the belated payment of
terminal benefits with effect from 01/07/2008, the date on which, the petitioner
promoted as Superintendent in the Supervisory Cadre in terms of
G.O.Ms.No.142 Transport (D) Department dated 21/08/2008 which was passed
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W.P(MD)No.1004 of 2020
with retrospective effect from 01/01/2008 Revising Scale of Pay as
Rs.7000-225-11500 and in the light of the Judgment of this High Court filed by
similarly placed one K.Govindarajulu in WP(MD) No.24930 of 2018 dated
21.01.2019.
For Petitioner : Mr.S.Govindan
For Respondents : Mr.P.Balasubramanian for R1.
Standing Counsel for R2.
Mr.S.C.Herold Singh,
Standing Counsel for R2.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner joined the respondent corporation as Junior
Assistant. He was promoted as Superintendent on 01.07.2008 and retired from
service on 28.02.2009. The only question that arises for consideration in this
case is applicability of G.O. (Ms) No.142, Transport (C1) Department, dated
21.08.2008. Under the said government order, the pay scales of the employees
of the transport corporation in the supervisory and administrative category were
brought on par with that of the government servants. The benefit was extended
with effect from 01.01.2008. According to the learned counsel for the
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W.P(MD)No.1004 of 2020
petitioner, the petitioner herein retired after the cut off date and that therefore,
his pay, pensionary and retirement benefits must be refixed in terms of the said
government order. The pensionary benefits have been refixed and are being
disbursed accordingly from 2015 onwards. A separate government order was
issued to that effect. The question that arises for consideration in this writ
petition is as regards disbursement of difference of leave salary and gratuity
computed in terms of G.O.(Ms) No.142, dated 21.08.2008.
3.The learned counsel for the petitioner drew my attention to the case of
one K.Govindarajulu. The said Govindarajulu filed W.P.(MD)No.24930 of
2018 and this Court vide order dated 21.01.2019 disposed of the said writ
petition by directing the Management to determine the benefits on the basis of
the re-fixation of the salary and pay the same. I wanted to know from the
learned standing counsel if this direction given in the case of Govindarajulu
was complied with. The matter was adjourned to enable the learned standing
counsel to obtain instructions.
4.Today (ie., 31.10.2022), when the matter was taken up for hearing, the
learned standing counsel submitted that the said government order was made
applicable to Thiru.K.Govindarajulu and benefits were also accordingly
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W.P(MD)No.1004 of 2020
disbursed. However, he would strongly submit that the petitioner cannot claim
parity with the said Govindarajulu because his basic pay was higher than the
basic pay arrived at as per G.O.(Ms) No.142. On the other hand, in the case of
Govindarajulu, the basic pay drawn by him during the relevant time was lower
than the one arrived at G.O. (Ms) No.142.
5.In my view, this distinction may not really hold good. The only
question is regarding applicability of the said government order.
Govindarajulu retired on 30.06.2008 and therefore, the said government order
applied to him. The petitioner herein also retired on 28.02.2009. That is after
the cut off date. Therefore, the respondents will apply the aforesaid government
order and disburse the difference in leave salary as well as gratuity. This
amount shall be paid within a period of twelve weeks from the date of receipt of
a copy of this order. In normal circumstance, this Court would award interest.
Inasmuch as, the writ petitioner approached the Court only in the year 2020, if
the Management pays the differential amount within twelve weeks, it will not
carry interest. If within twelve weeks, the amount will not be paid, it will carry
interest at the rate of 6% thereafter.
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W.P(MD)No.1004 of 2020
6.The writ petition is allowed accordingly. No costs.
31.10.2022
Index : Yes / No
Internet : Yes/ No
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W.P(MD)No.1004 of 2020
G.R.SWAMINATHAN, J.
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W.P(MD)No.1004 of 2020
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