BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 23.10.2024 Pronounced on : 25.10.2024 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.21913 of 2024 S.Murugesan ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, New Railway Station Road, Kumbakonam - 612 001. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Tiruchirappalli - 620 001.

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvallur House, Pallavan Salai, Chennai - 600 002. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein i) to revise the wages of the petitioner from 01.09.2007 to 31.012.2009 by considering the period from 08.01.1997 to 26.09.2006 as duty period; ii) to revise the Gratuity, leave salary and pension based on such revised wages; iii) to pay Rs.1,33,576/- towards arrears of wages, Rs.81,025/- as arrears of Gratuity, Rs.3,624/- towards arrears of earned leave salary and Rs.6,99,840/- towards arrears of pension with interest at the rate of 12% per annum from the date of due till the date of payment within a time frame that may be fixed by this Court.

For Petitioner : Mr.D.Sivaraman For Respondents : Mr.K.Jegadeesh Balan Standing Counsel for R1 & R2 Mr.S.C.Herold Singh Standing Counsel for R3 * * * * * ORDER The instant writ petition has been filed by a retired driver of the respondent transport corporation, seeking a mandamus to revise the wages and based upon the revised wages to pay gratuity leave salary and pension and for payment of arrears of the same along with 6% interest and continue to pay the revised pension.

A)The facts leading to the filing of the writ petition are as follows:

2.The petitioner herein was dismissed from service on 08.01.1997, pursuant to disciplinary proceedings. The petitioner had challenged the said dismissal order by filing I.D.No.24 of 1999 before the Labour Court, Trichy and an award was passed on 11.02.2004 setting aside the order of dismissal and to reinstate the petitioner with continuity of service with 50% of backwages. 3.This order of the Labour Court was challenged by the Management in W.P.No.3152 of 2005 and by the petitioner herein in W.P.No.6309 of 2005. This Court by a common order dated 24.06.2008 disposed of both the writ petitions, dismissing the appeal filed by the Management and confirming the order passed by the Labour Court for reinstatement with an observation that the period between the date of dismissal and the date of reinstatement shall be considered as duty period for all purposes. The appeal filed by the Management was allowed and the award relating to 50% of backwages was set aside.

4.Pending writ petition, the writ petitioner was reinstated on 26.09.2006 without prejudice to the pendency of the writ petition. After the writ petition was allowed on 24.06.2008, the petitioner was reinstated with continuity of service without backwages. The petitioner had attained superannuation on 31.12.2009. Seeking the above said benefits, the petitioner has sent a representation on 23.02.2024. Since there is no response, the present writ petition has been filed.

B)Contentions of the learned Counsels appearing on either side:

5.It is the grievance of the writ petitioner that though the Labour Court as well as the High Court have confirmed the order of reinstatement with continuity of service, while the petitioner was reinstated on 26.09.2006, the salary of the writ petitioner was not fixed in terms of the said order. Lesser salary was paid on par with his colleagues who were appointed in the year 1986. When the salary is revised, automatically his leave salary and gratuity would get enhanced. It is further grievance of the writ petitioner that the period between 08.01.1997 and 26.09.2006 has not been considered to a pensionable service,