High Court · 2025

W.P.No.43554 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.43554 of 2025S.Vijayakumar... PetitionerVs.1.THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (TNSTC), SALEM LTD, NO.12, RAMAKRISHNA ROAD, SALEM-072.THE GENERAL MANAGER,TAMILNADU STATE TRANSPORT CORPORATION (TNSTC), SALEM LTD, DHARMAPURI REGION, DHARMAPURI3.THE ADMINISTRATOR,TNSTC EMPLOYEES PENSION FUND TRUST, OFFICE OF THE SETC HO, THIRUVALLUVAR HOUSE, PALLAVAN SALAI, CHENNAI-600 002 ... RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to re-fix the pay of the petitioner by adopting 2.57 multiplier/matrix on par with 7th pay revision from the date of promotion with subsequent increments and to revise the terminal benefits and pension further to disburse the difference amount and pension arrears along with 6 percent interest within the stipulated time as may be fixed by this CourtFor Petitioner: Mr.J.Pradeep1/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025For Respondents For R1 & 2 : Mrs.Dakshayani Reddy, Senior Counsel for Mrs.Madhuri Donthi Reddy, Standing CounselO R D E RThis writ petition has been filed for direction to the respondents to re-fix the pay of the petitioner by adopting 2.57 multiplier/matrix on par with 7th pay revision from the date of promotion with subsequent increments and to revise the terminal benefits and pension, further to disburse the difference amount and pension arrears along with 6 percent interest within the stipulated time as may be fixed by this Court2.The issue involved in this writ petition has already been dealt with by this Court in WP.No.43476 of 2025 and this Court by order dated 14.11.2025 directed the respondent therein to fix the pay by adopting 2.57 matrix and to disburse the arrears. The relevant portion of that order is extracted hereunder:4.It is relevant to extract the relevant portion of the order passed by the Hon'ble Division Bench of 2/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025Madruai Bench of this Court in WP(MD).No.1099 of 2024 dated 04.07.2024 as follows:7.The fixation of pay in respect of the employees, who are working in the appellant Transport Corporation, is fixed under two categories, if employee is workman, he is covered under 12(3) settlement of the Industrial Disputes Act or if the employee is in a supervisory or managerial cadre, he is getting pay as per the Government pattern.8.After the Tamil Nadu Revision of Pay Rules -2017 came into force, based on the request made by the employees, who had migrated from the workman category to the supervisory category, an One Man Commission was constituted and pursuant to the recommendation of the Committee, the pay fixation by adopting 2.44 multiplier was adopted in respect of those employees, who have been promoted to supervisory or managerial cadre. Subsequently, in view of the representation made by the Union for adopting the multiplier factor of 2.57, an Arbitrator was appointed and pursuant to the award, dated 26.03.2018, the Government issued G.O.(Ms)No.330, Transport (C1) Department, dated 31.10.2018, directing the State Transport Department to continue the existing benefit allowed in G.O(Ms)No.220, Transport (C1) Department, dated 23.07.2018, by applying 2.44 multiplier factor to 3/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025the technical/administrative supervisory cadre employees, who have been promoted and migrated to Government scale of pay between 11.01.2016 and 31.08.2016 as well as after 01.09.2016 (ie., after getting the benefit of wage settlement~2016) and fix the pay of the above category of employees. Therefore, in view of the above Government Order, an employee, who has migrated from workman category to the supervisory category, between the period of 01.01.2016 to 31.08.2016 and also the employees, who have been migrated after 01.09.2016, who have received the 2016 wage settlement, will be covered by fixing pay scale by adopting 2.44 multiplier factor.10.When G.O.(Ms)No.330, dated 31.10.2018, makes it clear that only the employees, who have been migrated cadre to Government scale of pay, even after 01.06.2016, who get the benefit of 2016 wage settlement, those pay shall be fixed by adopting 2.44 multiplier. Here, admittedly, when the first respondent/Writ Petitioner was not given the benefits of 2016-wage settlement and he had been promoted to the supervisory cadre on 04.03.2017 itself, the first respondent is entitled for re-fixation of his pay by adopting 2.57 multiplier/matrix by also taking into account the 7th pay revision.11.By taking note of all the above factual matrix, 4/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025the learned Judge had arrived at a right conclusion that the first respondent, who had not been provided with the benefits of 2016-wage settlement, will be entitled for pay fixation by adopting 2.57 multiplier, which is perfectly legal and does not warrant any interference by this Court. In such circumstances, the order of the Writ Court is liable to be sustained and accordingly, sustained. The appellant Corporation shall comply with the direction issued by the learned Judge within a period of four weeks from the date of receipt of a copy of this order.5.In view of the above, the respondent can be directed accordingly. However, the learned Senior Counsel appearing for the respondent submitted that the petitioners are not entitled for any benefits since they are bench sitters. Only after several years from the date of their retirement, they submitted representation seeking the benefit as per the orders passed by the Madurai Bench of this Court. 6.Therefore, it is made clear that if the petitioners did not already avail the said benefit, the respondent shall fix the pay of the petitioners by adopting 2.57 matrix and to disburse the arrears to the petitioners within a period of eight weeks from the date of receipt of 5/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025this order.3.Therefore, the same order can be passed in this writ petition as well. Accordingly, the respondents are directed to fix the pay of the petitioner by adopting 2.57 matrix and to disburse the arrears to the petitioner within a period of eight weeks from the date of receipt of this order.4.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.14.11.2025Neutral citation: Yes/No (2/3) Index: Yes/NoSpeaking/Non-speaking orderlok6/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025To1.THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (TNSTC), SALEM LTD, NO.12, RAMAKRISHNA ROAD, SALEM-072.THE GENERAL MANAGER,TAMILNADU STATE TRANSPORT CORPORATION (TNSTC), SALEM LTD, DHARMAPURI REGION, DHARMAPURI3.THE ADMINISTRATOR,TNSTC EMPLOYEES PENSION FUND TRUST, OFFICE OF THE SETC HO, THIRUVALLUVAR HOUSE, PALLAVAN SALAI, CHENNAI-600 0027/8 https://www.mhc.tn.gov.in/judis W.P.No.43554 of 2025G.K.ILANTHIRAIYAN, J.lokW.P.No.43554 of 202514.11.2025(2/3)8/8