High Court · 2025

W.P.No.43476 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.43476 of 20251.R.Nithianandan2.R.G.Srinivasan3.D.Umarani4.P.Krishnamurthy5.A.Khajamohideen6.N.Dawood Hameed7.L.Mariammal8.S.Janarthanan9.D.Jebaraj Albert Iyadurai10.N.Pazhaninathan11.M.Edmund12.Sankara Vadivoo13.G.Ramaselvam... PetitionersVs.M/s.State Express Transport CorporationRepresented by its Managing Director,No.2, Pallavan Salai,Chennai 600 002 ... RespondentPRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to fix the pay of the petitioners 1 to 13 herein by adoption 2.57 matrix by taking into account of 7th pay commission and pay the consequential 1/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025benefits to the petitioners herein by considering the representation dated 24.07.2025 of 6th and 8th petitioners, dated 25.7.2025 of 7th, 9th, 11th and 13th petitioners, dated 26.7.2025 of 10th petitioners dated 28.7.2025 of 4th, 5th and 12th petitioners and 29.7.25025 of 2nd and 3rd petitioners and dated 11.8.2025 of 1st petitioner and in the light of orders of Madurai Bench in W.P. (M.D) No.3609 of 2020 dated 20.06.2023 and confirmed by division bench in W.A. (M.D)1099 of 2021 dated 04.07.2024 and further confirmed by Hon'ble supreme court in SLP No.26264 of 2024 dated 11.11.2024 For Petitioners: Mr.D.Soundar RajFor Respondent : Mrs.Dakshayani Reddy, Senior Counsel for Mr.Madhuri Donthi Reddy, Standing CounselO R D E RThis writ petition has been filed for direction to the respondent to fix the pay of the petitioners by adopting 2.57 matrix by taking into account of 7th pay commission and to pay consequent benefits.2.The petitioners were appointed in the respondent corporation and retired from service due to attainment of age of 2/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025superannuation. There were two kinds of pay pattern in the State Transport Undertakings i.e. firstly, for workers, wages revised once in three years as per settlement arrived at under Section 12(3) of Industrial Disputes Act and secondly, for Supervisors (Superintendent, Junior Engineer, Assistant Engineer) and Managerial Cadre Officers (Assistant Manager, Deputy Manager, Senior Deputy Manager and Manager) on par with Government servants based on pay commission recommendations once in 10 years. On the request made by the respondent, Government passed order in GO.Ms.No.220 Transport (d) Department dated 23.07.2018 constituting a committee to recommend for fixation of pay for the employees who are promoted on or after 01.01.2016 and also migrated to Government pattern of scale of pay. As per the Government order, 2.44 multiplier factor was applied to Technical / Administrative Supervisor category employees who have been promoted and migrated to Government scale of pay. Accordingly, the Government directed State Transport Undertakings to implement 2.44 multiplier and fix the salary. Thereafter, the association of the petitioners submitted representation to apply 2.57 multiplier. 3/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 20253.In that regard, arbitrator was appointed and the arbitrator recommended to fix 2.44 multiplier. Accordingly, the Government passed order in GO.Ms.no.330 Transport Department dated 31.10.2018. Aggrieved by the same, one of the employees challenged the said Government order in WP(MD).No.3609 of 2020 and by an order dated 20.06.2023, the Hon'ble Madurai Bench of this Court directed the respondent to refix the salary by adopting 2.57 multiplier matrix by taking into account of the 7th pay revision. However, the petitioners were not granted the benefit of 2016 settlement arrived under Section 12(3) of the Industrial Disputes Act. For the similarly placed employees who were given the benefit of 2013 wage settlement, their salaries were multiplied by applying 2.57 multiplier. In fact, the order passed by the Single Bench of this Court was confirmed by the Hon'ble Division Bench in WA.(MD).No.1099 of 2024, which was also confirmed by the Hon'ble Supreme Court of India. In view of the same, the petitioners submitted representation to consider their request to adopt 2.57 multiplier / pay matrix by taking into account of 7th pay commission and to pay the consequential benefits. However, so far it has not been considered. 4/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 20254.It is relevant to extract the relevant portion of the order passed by the Hon'ble Division Bench of Madruai 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) 5/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025Department, 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 the 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 6/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025settlement 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 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 7/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025the 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 this order.7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.14.11.2025Neutral citation: Yes/No Index: Yes/NoSpeaking/Non-speaking orderlok8/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025ToM/s.State Express Transport CorporationRepresented by its Managing Director,No.2, Pallavan Salai,Chennai 600 0029/10 https://www.mhc.tn.gov.in/judis W.P.No.43476 of 2025G.K.ILANTHIRAIYAN, J.lokW.P.No.43476 of 202514.11.2025 10/10