1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.3429 of 2011 and M.P.(MD)No.1 of 2011 T.Nagasundaram : Petitioner vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., Kumbakonam Corporate Office, 27 Railway Station New Road, Kumbakonam,Tanjure District. 2.The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Karaikudi Region, Regional Office, Marudhu Pathi, Managiri Post, Karaikudi, Sivagangai District. 3.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Region, Regional Office, By Pass Road, Madurai-625 010, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and second respondents to fix the pay scale of the petitioner as per the Government letter dated 31.08.2010 bearing No.7841/C1/2010-4 and to intimate the same to the third respondent thereby enabling the third respondent to pay the Pre Revised and Revised Scales of Pay to the petitioner from 17.06.2009 with interest. For Petitioner : Mr.R.Saravanan For Respondents : Mr.S.Baskaran ORDER The petitioner, who is working as a Superintendent, presently on deputation with the third respondent Corporation, has filed the present Writ Petition seeking for a direction to the first and second respondents to fix his pay scale as per the Government Letter dated 31.08.2010 and also to give a direction to the third respondent so as to get a pre-revised and revised scale from 17.06.2009 together with interest. 2. If the petitioner had stopped only with the prayer in the Writ Petition, there would have been no difficulty in directing the appropriate Transport Corporation to consider the petitioner's case. But the petitioner curiously filed an interim application in M.P.(MD)No.1 of 2011 seeking for an injunction restraining the first and second respondents from disturbing the petitioner's functioning as a https://hcservices.ecourts.gov.in/hcservices/ 2 Superintendent in the third respondent Corporation. That injunction was granted by this Court on 21.06.2011. 3. Admittedly, the petitioner was posted to the third respondent Corporation due to the dearth of qualified staff on a deputation basis and on foreign service terms. Even after the end of the foreign service terms, the petitioner cannot take steps to repatriate himself to his parent Corporation. The clear intention of the petitioner is to continue somehow with the foreign employer, even though the maximum term for deputation had already come to an end and there is no further order deputing him to work to the third respondent Corporation. In any event, the interim relief obtained by the petitioner does not take any colour from the main relief claimed in this Writ Petition. 4. On notice from this Court, the first and second respondents have filed their counter-affidavit dated 09.08.2011, wherein it is stated that the revised scale of pay will be implemented to the petitioner, after his repatriation to the parent Corporation. Exception was also given to the petitioner not joining the parent Corporation, after the end of his secretarial modular training program at Chennai held between 13.06.2011 and 29.06.2011. 5. Recording the statement made by the first and second respondents in the counter-affidavit that the petitioner's scale of pay as applicable to the post of Superintendent will be considered, on his return to the parent Corporation, this Court does not want to give any further orders. Hence, the Writ Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (KUM) Ltd., Kumbakonam Corporate Office,27 Railway Station New Road, Kumbakonam,Tanjure district. 2.The General Manager, Tamil Nadu State Transport Corporation (KUM) Ltd., Karaikudi Region, Regional Office, Marudhu Pathi, Managiri Post,Karaikudi, Sivagangai District. 3.The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Madurai Region, Regional Office,By Pass Road, Madurai-625 010, Madurai District. +1cc to Mr.S.Baskaran, Advocate SR.No.35323 Order made in W.P.(MD)No.3429 of 2011 Dated:- 12.10.2011 SML PA/21.10.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/