High Court · 2025

W.P.No.32219 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 28.08.2025 CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No. 32219 of 2025&W.M.P.No. 36118 of 20251.P.S.Sekar2.R.Manamalli3.G.Sreedhar4.D.Sachudhanandan ...PetitionersVs.1.State of Tamil NaduRep. by its Principal Secretary to Government,Transport Department, Secretariat,Chennai – 600 009.1/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 20252.M/s. Taminadu State Transport CorporationVillupuram Ltd, Rep by its Managing Director, No. 3/137, Salamedu, Villupuram 605 602.3.Tamil Nadu State Transport CorporationsEmployees' Pension Fund Trust, Rep by Administrator, Thiruvalluvar Illam Pallavan Salai, Chennai 600 002. ...RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents herein to fix the pay of the petitioners 1,3,4 and husband of 2nd petitioner herein late R. Murugesan (Retired Superintendent staff No. 02085) by adopting 2.57 Multiplier / Matrix by taking into account of 7th pay Commission and pay the consequential benefits to the petitioners herein by considering the representation of the petitioners sent to the respondents on 14.07.2025 by the 1st petitioner on 15.07.2025 by the 2nd petitioner on 07.07.2025 by the 3rd petitioner and on 14.07.2025 by the 2/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 20254th petitioner and in light of the orders of Madurai bench of this Court in W. P (MD) no 3609/2020 dated 20.06.2023 and confirmed by Madurai division Bench of this Court in WA(MD) no. 1099/2024 by order dated 04.07.2024 and further confirmed by the Hon'ble supreme court of India SLP (C) No.26264/2024 dated 11.11.2024. For Petitioners:Mr. D.Soundar RajFor Respondent 1:Mr. R.V.Dinesh Raj KumarAdditional Government PleaderFor Respondent 2:Mrs. S.PavithraStanding CounselFor Respondent 3:Mr. C.S.K.SathishStanding Counsel O R D E RThe Writ Petition is filed for the following relief:“directing the respondents herein to fix the pay of the petitioners 1,3,4 and husband of 2nd petitioner herein late R. Murugesan (Retired Superintendent staff No. 02085) by adopting 2.57 Multiplier / Matrix by taking into 3/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 2025account of 7th pay commission and pay the consequential benefits to the petitioners herein by considering the representation of the petitioners sent to the respondents on 14.07.2025 by the 1st petitioner on 15.07.2025 by the 2nd petitioner on 07.07.2025 by the 3rd petitioner and on 14.07.2025 by the 4th petitioner and in light of the orders of Madurai bench of this Court in W. P (MD) no 3609/2020 dated 20.06.2023 and confirmed by Madurai division Bench of this Court in WA(MD) no. 1099/2024 by order dated 04.07.2024 and further confirmed by the Hon'ble supreme court of India SLP (C) No.26264/2024 dated 11.11.2024”. 2. The petitioners 1, 3, 4 and husband of the 2nd petitioner were appointed in the respondent corporation and after rendering service, they retired from service on attaining the age of superannuation. The Government received orders for implementing Tamil Nadu Revised Pay Rule 2017 vide GO.Ms.No.134, Transport (D) Department dated 4/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 202523.07.2018. The Government had issued GO.Ms.No.311, Finance (Pay Cell) Department dated 23.10.2017 to fix 2.57 multiplier. Based on the request of the Government for implementing the revised pay the respondent issued GO.Ms.No.220, Transport (D) Department dated 23.07.2018. 3. The committee concluded that the existing benefits allowed in GO.Ms.No.220, Transport (C1) Department dated 23.07.2018 i.e., applying 2.44 multiplier factor to the Technical / Administrative Supervisor category employees who have been promoted and migrated to Government Scale of pay be continued. Following the representations made by the Association that 2.57 multiplier factor shall be adopted, an Arbitrator was appointed and he passed an award on 26.03.2018 recommending to fix 2.44 multiplier. In order to implement the award, the Government issued GO.Ms.No.330, Transport Department dated 31.10.2018 to revise the pay by adopting the 2.44 matrix.5/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 20254. Aggrieved by the above order one Sampath preferred WP.MD.No.3609 of 2020 and the Madurai Bench of this Court was pleased to pass an order on 20.06.2023 directing the respondents to refix his pay by adopting 2.57 multiplier matrix. 5. Aggrieved by the order of the Single Bench, the 2nd respondent therein preferred WA.MD.No.1099 of 2024 and the Madurai Division Bench of this Court in its order dated 04.07.2024 directed the respondents therein to comply with the direction issued by the learned Single Judge. 6. Aggrieved by the order of Madurai Division Bench, the 1st respondent therein preferred SLP(C).No.26264 of 2024 before the Hon'ble Supreme Court and when the case came up for hearing on 11.11.2024, the Supreme Court dismissed the SLP. The petitioners 1, 3, 4 and the husband of the 2nd petitioner herein have not been granted wage benefits of settlement arrived under Section 12 (3) of the 6/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 2025Industrial Disputes Act on 04.01.2018 which was with effect from 01.09.2016. 7. Representations were sent to the respondents on 14.07.2025 by the 1st petitioner, on 15.07.2025 by the 2nd petitioner, on 07.07.2025 by the 3rd petitioner and on 14.07.2025 by the 4th petitioner to consider their case, on par with Sampath, Superintendent TNSTC (Madurai) and refix the pay by adopting 2.57 multiplier / pay matrix by taking into account of 7th pay commission and pay the consequential benefits with 6% interest. However, the representations were not considered. Therefore, the petitioners are before this Court.8. Heard the learned counsels on the either side and perused the records.9. Considering the fact that the order was passed in favour of one Sampath to adopt a 2.57 multiplier and the same was confirmed right upto the Hon'ble Supreme Court and the fact that the petitioner's 7/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 2025representations regarding the same prayer have not been considered to date, the Writ Petition is allowed. The respondents are directed to consider the petitioners' representations dated 07.07.2025, 14.07.2025 and 15.07.2025 and pass orders on merits within a period of 3 months from the date of receipt of a copy of this order taking into consideration the order passed in SLP.(C).No.26264 of 2024 in and by which the order of the learned Single Judge in WP.(MD).No.3609 of 2020 adopting the multiplier matrix of 2.57 was confirmed. Consequently, the connected miscellaneous petition is closed. No costs. 28.08.2025 Index: Yes/NoInternet: Yes/Nokan8/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 2025To1.State of Tamil NaduRep. by its Principal Secretary to Government,Transport Department, Secretariat,Chennai – 600 009.2.M/s. Taminadu State Transport CorporationVillupuram Ltd, Rep by its Managing Director, No. 3/137, Salamedu, Villupuram 605 602.3.Tamil Nadu State Transport CorporationsEmployees' Pension Fund Trust, Rep by Administrator, Thiruvalluvar Illam Pallavan Salai, Chennai 600 002.9/10 https://www.mhc.tn.gov.in/judis W.P.No.32219 of 2025P.T. ASHA, J kanW.P.No. 32219 of 202528.08.202510/10