Kulandainathan.A v. The Managing Director

ORDER The present writ petition has been filed seeking direction to the respondents to disburse the petitioner's difference amount of salary from January 2016 to March 2018, on the basis of VII pay Commission along with interest at 6%.

¶2By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

¶3The petitioner was appointed in the respondent Corporation as a Junior Engineer on 23.05.1983. He retired from service as a Assistant Manager on 31.07.2018 on attaining age of superannuation after completing 35 years of service. When he was in service, VII Pay Commission came into effect on 01.01.2016. However, the same was implemented on 01.04.2018 after the retirement of the petitioner. The petitioner's pension and commutation were disbursed on the basis of VII Pay Commission and the same is still continuing. However, the salary has to be revised on the basis of VII Pay Commission. If that is done, the petitioner will get difference amount than which he is receiving as on date. The respondents have already revised the pension and recovered the amount from pension for commutation with retrospective effect from the date of retirement and the recovery was effected on 05.10.2019 and the revised commutation was issued on 30.01.2021.

¶4The petitioner made several representations to the respondents in person. However, that is of no avail. Finally, the petitioner has sent another representation on 27.06.2023, which was also of no avail. Hence, this writ petition came to filed.

¶5Considering the facts and circumstances of this case, this Court is inclined to direct the respondents to disburse the petitioner's difference in amount of salary from January 2016 to March 2018, on the basis of VII Pay Commission along with 6% interest, considering the representation of the petitioner, dated 27.06.2023.

¶6This writ petition stands disposed of, accordingly. There shall be no order as to costs.

27.07.2023 Index : Yes / No Internet : Yes/ No trp

To

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

2.The General Manager, Tamil Nadu State Transport Croporatio (KMB) Ltd., Pudukkottai Region, Pillai Tahneer Panthal, Pudukkottai – 622 001. L.VICTORIA GOWRI, J.,

trp W.P(MD).No.18100 of 2023

27.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD).No.18100 of 2023 A.Kulanthainathan ...Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Pudukkottai Region, Pillai Tahneer Panthal, Pudukkottai – 622 001. ...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 disburse the petitioner's difference amount of salary from January 2016 to March 2018, on the basis of VII pay Commission along with interest at 6%. For Petitioner : Mr.K. Gokul For respondents : Mr.K.Ramaiah Standing Counsel