S.Aruldoss v. The Managing Director

ORDER This writ petition is filed for the following relief: "directing to the respondents corporation to place the petitioner in the regular time scale of pay with effect from 22.05.2000 and re-fix his pay accordingly and revise and re-fix petitioners pension gratuity and all other terminal and Superannuation benefits on the basis of such corrected pay fixation, to disburse the consequential monetary benefits arising there from and to grant interest at such rate in the light of similarly placed workman having obtained a favourable order in W.A. No.1734 of 2018 dated 04.09.2018 which has been confirmed by the Honble Supreme Court by considering petitioner representation dated 24.06.2026."

¶2It is the case of the petitioner that he was appointed as a Conductor in the Respondent Corporation in the year 2000 through the Employment Exchange and was initially engaged as a temporary Conductor on daily wages. Subsequently, his services were confirmed with effect from 01.09.2005. He became eligible for placement in the regular time scale of pay. However, citing the recruitment ban imposed vide G.O.Ms.No.212 dated 29.11.2001, the respondents deferred such placement and continued him as temporary employees on daily wages until 2006. This said ban applied only to fresh appointments and not to pay fixation of employees already in service and Page3 of 6 placement in the time scale did not amount to regularization, fresh recruitment or creation of posts.

¶3It is the further case of the petitioner that he was placed in the regular time scale only in the year 2005, after the lifting of the ban, and that too prospectively, without extending the consequential monetary and service benefits from the date of eligibility. This resulted in financial loss, subsequent increments and pay revisions were calculated on a reduced foundational pay, which ultimately affected his last drawn pay and consequently his pensionary benefits upon retirement during 2024-2025.

¶4In similar circumstances, this Court, in W.P. No. 31831 of 2012 dated

29.01.2018, had categorically dealt with the scope of G.O.M.s.212 dated

29.11.2001, wherein it was held that the recruitment ban could not be invoked to deny regular time scale to employees who had already been appointed. The said order was taken on appeal in W.A.No.1734 of 2018 and the Division bench of this Court vide its judgement dated 04.09.2018 held that the employees would not lose their eligibility of service.

¶5The petitioner would submit that similarly placed employees have been granted placement in the regular time scale upon completion of the qualifying period, whereas the petitioner alone was denied such benefit only on Page4 of 6 account of the recruitment ban. The petitioner had attained superannuation on

31.07.20255 and despite submitting a detailed representation dated 24.06.2026 seeking correction of pay fixation and re-fixation of pensionary benefits, the respondent Corporation has not passed any orders, compelling the petitioner to approach this Court by way of the present writ petition.

¶6Heard the learned counsels on either side and perused the materials available on record.

¶7Considering the limited request made by the petitioner particularly in the light of a similarly placed workman having obtained a favourable order in W.A.No.1734 of 2018 dated 04.09.2018 which has been confirmed by the Hon'ble Supreme Court, the Writ Petition is disposed of and a mandamus is issued to the respondent to consider the representation of the petitioner and pass a speaking order within a period of 6 weeks from the date of receipt of a copy of this order taking into account the order in W.A.No.1734 of 2018 and revising order of the respondent department dated 10.10.2025 and 25.11.2025. No costs. 22-07-2026 Index: Yes/No Speaking/Non-speaking order SHR Page5 of 6 P.T.ASHA J. SHR To

¶1The Managing Director Metro Transport Corporation (Chennai Limit) No.2, Pallavan Illam, Anna Salai, Chennai-02

¶2The Branch Manager Metro Transport Corporation (Chennai Limit) Thiruvaanmiyur Depot-600 041 22-07-2026 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Aruldoss ..Petitioner(s) Vs 1. The Managing Director Metro Transport Corporation (Chennai Limit) No.2, Pallavan Illam, Anna Salai, Chennai-02 2. The Branch Manager Metro Transport Corporation (Chennai Limit) Thiruvaanmiyur Depot-600 041 ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India seeking writ of mandamus directing to the respondents corporation to place the petitioner in the regular time scale of pay with effect from 22.05.2000 and re-fix his pay accordingly and revise and re-fix petitioners pension gratuity and all other terminal and Superannuation benefits on the basis of such corrected pay fixation, to disburse the consequential monetary benefits arising there from and to grant interest at such rate in the light of similarly placed workman having obtained a favourable order in W.A. No.1734 of 2018 dated 04.09.2018 which has been confirmed by the Honble Supreme Court by considering petitioner representation dated 24.06.2026 For Petitioner(s): M/s.S.Senthamizhan For Respondent(s): Ms.N.Karpagalakshmi for Mr.R.Balaji, Standing Counsel for R1 and R2 Page2 of 6