1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11134 of 2011 P.Arangasamy : Petitioner Vs. 1.The Secretary to Government, Transport Department, Secretariat, Fort St. George, Chennai. 2.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, New Railway Station Road, Kumbakonam, Thanjavur District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the second respondent to pay Rs.1,60,343/- to the petitioner, based on the petitioner's representation dated 02.09.2011 in accordance with law. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.S.Chandrasekar Government Advocate ORDER According to the petitioner, he joined the Tamil Nadu State Transport Corporation, Kumbakonam Limited, Thanjavur District as Junior Assistant on 12.12.1979 and was subsequently promoted as Assistant on 01.02.1986. He gradually reached the level of Section Officer on 28.12.2007 and that his salary was fixed at Rs.8,900/- in the scale of pay of Rs.6,800-200-10,800, in the post of Section Officer. He retired from service on 31.05.2008. Thereafter, the Government issued G.O.Ms.No.142, Government Transport (C1) Department, dated 21.08.2008, directing re-fixation of scale of pay, pursuant to a decision arrived at, after negotiation with a Committee constituted for the purpose of fixation of pay. The revised scale of pay in respect of the following categories of personnel in Transport Corporation are as follows: Existing Post Existing Pay (Rs.) Salary paid in other Government Departments (Rs.) Junior Engineer/Superintendent 5400-125-7900 5500-175-9000 10 years Assistant Engineer/Senior Grade Superintendent 5900-150-8900 6500-200-10500 10 years https://hcservices.ecourts.gov.in/hcservices/ 2 Existing Post Existing Pay (Rs.) Salary paid in other Government Departments (Rs.) Senior Grade Assistant Engineer/Section Officer 6800-200-10800 8000-275-14050 10 years Selection Grade Assistant Engineer/Selection Grade Section Officer 8000-275-13500 9100-275-14050 2. The Government have further ordered that the revised scale of pay would come into operation from 01.01.2008. According to the petitioner, as per the above said Government Order, the salary of the petitioner has to be fixed at (Rs.8,000+Rs.4000) Rs.12,000/- in the scale of pay of Rs.8000-275-14050. 3. It is the further case of the petitioner that after retirement from service on 31.05.2008, based on the revised scale of pay, pension and commutation value of pension have been paid to the petitioner, but the arrears of salary has not been calculated and paid, as per the above said Government Order. According to him, his gross salary ought to have been fixed at Rs.17,850/- per month, but he was paid only Rs.13,160/-, on the basis of the old scale of pay. Hence, there is an arrears of salary for five months amounting to Rs.23,450/-. The petitioner has further submitted that a sum of Rs.1,60,343/- is also due and payable to him, towards arrears of salary, earned leave and gratuity arrears. As the above said amount has not been paid, in terms of G.O.Ms.No.142, Government Transport (C1) Department, dated 21.08.2008, the petitioner submitted representations dated 03.12.2010, 21.01.2011 and 02.09.2011 respectively to the Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited, Thanjavur District and the Secretary to Government, Transport Department, Chennai. As the said representations have not been responded, the petitioner has come forward with the present Writ Petition for a Mandamus. 4. Perusal of the above said Government Order makes it clear that the revised salary would come into operation from 01.01.2008 onwards. When the pension and commutation value of pension have been computed, on the basis of the revised scale of pay applicable to the post of Section Officer, this Court is of the view that there is no impediment in computing the arrears as well. Though the petitioner has sought for a Mandamus, directing the Managing Director, Tamil Nadu State Transport Corporation Kumbakonam Limited, Thanjavur District, the second respondent herein to pay Rs.1,60,343/- to him, based on his representation dated 02.09.2011, this Court deems it fit that it is suffice to direct the respondents to pass orders on the representations stated supra, in terms of the above said Government Order, within a period of three months from the date of receipt of a copy of this order and disburse the amount due to the petitioner, immediately. https://hcservices.ecourts.gov.in/hcservices/ 3 5. With the above directions, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar To 1.The Secretary to Government, Transport Department, Secretariat, Fort St. George, Chennai. 2.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, New Railway Station Road, Kumbakonam, Thanjavur District. +1CC TO MR.M.SUBASH BABU, ADVOCATE SR : 33740 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 33861 Sml SR : 11.10.2011 : 3p/5c Order made in W.P.(MD).No.11134 of 2011 Dated:- 28.09.2011 https://hcservices.ecourts.gov.in/hcservices/