High Court · 2025

W.P.No.42294 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.11.2025CORAMTHE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYANW.P.No.42294 of 2025 E.Subramani…..PetitionerVs1.The Principal Secretary Transport Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.2.Tamilnadu State Transport Corporation (Coimbatore) Ltd,Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore - 641 043.3.The General Manager,Tamilnadu State Transport Corporation (Kovai) Ltd,Erode Region,Erode.4.The Administrator,1/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025Tamilnadu State Transport Employees’ Pension Fund Trust, Thiruvallur Illam, Anna Salai, Chennai-2.…..RespondentsPrayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give pay revision and pay fixation to the petitioner w.e.f 13.03.2017 notionally, by applying the multiplier of 2.57 as per para 8 in G.O.Ms.No. 303, Finance (Pay Cell) dated 11.10.2017, G.O.Ms.No.319, Finance (BPE) Department, dated 31.10.2018, G.O.Ms.No.134, Transport (C1) Department, dated 09.04.2018 and with monetary benefits w.e.f. 01.10.2017 with arrears of salary, terminal/pension benefits namely, Gratuity, Encashment of Leave, Monthly Pension and Commutated Value of Pension, by revising them based on such revised pay within a specified time as may be fixed by this Honble Court.For Petitioner: Mr.V.Ajoy KhoseFor R1: Mr.K.Surendran Additional Government PleaderFor R2 & R3: Mr.M.Muralivinoth Standing CounselFor R4: Mr.C.S.K.Sathish ORDER This Writ Petition has been filed seeking a direction to the respondents to 2/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025give pay revision and pay fixation to the petitioner with effect from 13.03.2017 notionally, by applying the multiplier of 2.57 as contemplated in para 8 of G.O.Ms.No.303, Finance (Pay Cell) dated 11.10.2017, G.O.Ms.No.319, Finance (BPE) Department, dated 31.10.2018 and G.O.Ms.No.134, Transport (C1) Department, dated 09.04.2018 and to extend monetary benefits with effect from 01.10.2017 along with arrears of salary, terminal/pension benefits namely gratuity, encashment of leave, monthly pension and commutated value of pension, by revising the same based on the revised pay.2.Heard the learned counsel appearing on either side and perused the materials available on record.3.This issue involved in the present writ petition has already been dealt with by the Hon’ble Madurai Bench of this Court in W.P(MD) No.3609 of 2020, by an order dated 20.06.2023, wherein this Court held as follows :“7. There is yet another aspect. The petitioner invoked the provisions of the RTI Act and obtained written response from the 3/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025management on 05.08.2019 that similarly placed employees who were given the benefit of the 2013 wage settlement were given the benefit of 2.57 multiplier. A copy of the said response has been enclosed at Page No.29 of the typed set of papers. Denying the benefit sought for by the petitioner would be a clear infraction of the mandate of equality set out in Article 14 of the Constitution of India. The impugned G.O. is inapplicable to the case of the petitioner. The respondents have proceeded on the erroneous premise that the petitioner got the benefit of the 2016 wage settlement. Once this factual assumption has been demonstrated to be incorrect, the G.O. cannot be made applicable to the petitioner. The respondents are directed to refix his pay by adopting 2.57 multiplier/matrix by taking into account the 7th Pay Revision. Such an order shall be passed by the second respondent within a period of three weeks from the date of receipt of a copy of this order. The consequential monetary benefits shall be disbursed within a period of six wees thereafter with 6% interest to be computed from the date of the petitioner’s entitlement.”4.Aggrieved by the same, the respondents preferred a writ appeal in 4/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025W.A (MD) No.1099 of 2024. The Hon’ble Division Bench of this Court dismissed the writ appeal by an order dated 04.07.2024 and observed as follows :“9. In the instant case, the writ petitioner/first respondent, who was originally appointed as Clerk on 16.06.1980, was promoted from the post of Senior Assistant to the post of Superintendent on 04.03.2017. The vehement contention of the learned Counsel for the appellants that since 2016 wage settlement was made applicable with effect from 01.09.2016 and the first respondent was promoted on 04.03.2017 itself, he is covered under G.O (Ms) No.330, dated 31.10.2018 and therefore, the pay can be fixed only by adopting 2.44 multiplier, is liable to be rejected for the simple reason that even though the 2016 wage settlement was made applicable with effect from 01.09.2016, the monetary benefits of the 2016 wage settlement was given effect to only from 01.09.2017. By the date on which, 2016 wage settlement was effected i.e., on 01.09.2017, the first respondent/writ petitioner had already been promoted on 04.03.2017 itself. In other words, only after the first respondent/writ petitioner got promotion on 04.03.2017, the 2016-wage settlement was given effect monetarily from 01.09.2017. Since on the date of giving effect of the 2016-wage settlement, the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025writ petitioner had got promotion, he was not given the benefits of the 2016-wage settlement.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 01.06.20165, who get the benefit of 2016 wage settlement, those pay shall be fixed by adopting 2.44 multiplier. Here, admittedly, which 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, the 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 6/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025learned Judge within a period of four weeks from the date of receipt of a copy of this order.”5.The said order was also challenged before the Hon’ble Supreme Court of India in S.L.A (C) No.26264 of 2024 and the same was also dismissed by an order dated 11.11.2024. 6.In view of the above, the respondents are directed to give pay revision and pay fixation to the petitioner with effect from 13.03.2017 notionally, by applying the multiplier of 2.57 as contemplated in para 8 of G.O.Ms.No.303, Finance (Pay Cell) dated 11.10.2017, G.O.Ms.No.319, Finance (BPE) Department, dated 31.10.2018 and G.O.Ms.No.134, Transport (C1) Department, dated 09.04.2018 and to extend monetary benefits with effect from 01.10.2017 along with arrears of salary, terminal/pension benefits namely gratuity, encashment of leave, monthly pension and commutated value of pension, by revising the same 7/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025based on the revised pay.7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.06.11.2025Neutral citation :Yes/NoIndex:Yes/NoSpeaking/Non speakingLppTo1.The Principal Secretary Transport Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.2.The Managing Director,Tamilnadu State Transport Corporation (Coimbatore) Ltd,37, Mettupalayam Road, Coimbatore - 641 043.3.The General Manager,Tamilnadu State Transport Corporation (Kovai) Ltd,8/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025Erode Region,Erode.4.The Administrator,Tamilnadu State Transport Employees Pension Fund Trust, Thiruvallur Illam, Anna Salai, Chennai-2G.K.ILANTHIRAIYAN, J.Lpp9/10 https://www.mhc.tn.gov.in/judis W.P.No.42294 of 2025W.P.No.42294 of 202506.11.202510/10