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2025 DAILYLAW 84713 (MAD)

S.SAMPATH KUMAR v. METROPOLITAN TRANSPORT CORPORATION

WP/30139/2025 · 2025-08-12

P T Asha

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.30139 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.08.2025 CORAM: THE HONOURABLE MS. JUSTICE P.T.ASHA W.P.No.30139 of 2025 and W.M.P.Nos.33806 of 2025 1. S.Sampath Kumar 2. S.Logeswaran 3. V.Mohanamurugan ... Petitioners Vs. M/s.Metropolitan Transport Corporation, Rep. by its Managing Director, No.1, Pallavan Salai, Chennai – 600 002. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent herein to fix the pay of the petitioners herein 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 first and third petitioners herein dated 26.06.2025 and 16.07.2025 of the second petitioner herein and in the light of the orders of Madurai Bench of this Court in W.P.(MD).No.3609 of 2020 dated 20.06.2023 and confirmed by Madurai Division Bench of this Court in W.A.(MD).No.1099 of 2024 by its order dated 04.07.2024 and further https://www.mhc.tn.gov.in/judis W.P.No.30139 of 2025 confirmed by the Hon'ble Supreme Court of India in SLP (c) No.26264 of 2024 dated 11.11.2024. For Petitioners : Mr.D.Soundar Raj For Respondent : Mr.A.Vinoth Raj Standing Counsel ORDER The petitioners seek a mandamus to the respondent herein to fix the pay of the petitioners herein by adopting 2.57 Multiplier/Matrix by taking into account of 7th Pay Commission and to pay the consequential benefits still therein by considering the petitioners representation dated 26.06.2025 and 16.07.2025 and on the basis of the order passed in W.P.(MD).No.3609 of 2020 and W.A(MD).No.1099 of 2024 dated 04.07.2024. 2. The petitioners would submit that they were appointed in the respondent Corporation and after rendering service had retired on reaching the age of superannuation. The first petitioner had joined the services as a Junior Tradesman on 17.03.1989 and retired as Junior Engineer on 30.06.2024. The second petitioner who was appointed as Non-ITI helper on 03.07.1987, had retired as Superintendent on 31.05.2025. The third petitioner who was joined as Junior Tradesman on https://www.mhc.tn.gov.in/judis W.P.No.30139 of 2025 01.09.1989, had retired as Foreman on 31.05.2023. The petitioner would submit that there are two kinds of pay pattern in the State Transport Corporation undertakings i.e., (i) for workers, wages revised once in three years as per settlement arrived under Section 12 (3) of Industrial Disputes Act, (ii) for supervisors (Superintendent, Junior Engineer, Assistant Engineer) and Managerial Cadre Officers (Assistant Manager, Deputy Manager, Senior Deputy Manager and Manager), the petitioner was entitled to be treated on par with the Government servants, based on pay commission recommendation once in 10 years. 3. The petitioners would further submit that based on the request of the respondent, the Government had issued G.O.Ms.No.220, Transport (D) Department dated 23.07.2018. The committee was constituted to recommend fixation of pay for the employees who had been promoted on or after 01.01.2016. The petitioners would submit that the Committee had been constituted to recommend the pay fixation for employees governed by Section 12 (3) of the Industrial Disputes Act. 4. The Committee had concluded that the existing benefits allowed in G.O.Ms.No.220 Transport (C1 Department) applying 2.44 multiplier https://www.mhc.tn.gov.in/judis W.P.No.30139 of 2025 factor to the Technical/Administrative Supervisor Category employees who have been promoted and the petitioner made a representation through the Association that 2.57 multiplier factor should be adopted. A retired Judge was appointed as a sole Arbitrator and he has passed an award recommending 2.44 multiplier. 5. Aggrieved by this order, the first petitioner had preferred W.P.(MD).No.3609 of 2020 and the learned Judge passed the order dated 20.06.2023 directing the respondents to re-fix the pay by adopting 2.57 multiplier/matrix by taking into account the 7th Pay Commission Revision. The said Writ Petition was allowed as prayed for. Aggrieved by the order of the learned Single Judge, the second respondent had preferred W.A.(MD)No.1099 of 2024 which was also dismissed. Therefore, the petitioners would submit that their representations has to be considered in the light of order of earlier W.A.(MD).No.1099 of 2024 confirming the order in W.P.(MD).No.3609 of 2020. 6. Considering the limited request of the petitioners, this Writ Petition is allowed as prayed for. The respondents are directed to consider the representation of the petitioners within a period of two https://www.mhc.tn.gov.in/judis W.P.No.30139 of 2025 months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. 12.08.2025 dh Index: Yes/No Internet: Yes/No To M/s.Metropolitan Transport Corporation, Rep. by its Managing Director, No.1, Pallavan Salai, Chennai – 600 002. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.30139 of 2025 P.T.ASHA. J. dh W.P.No.30139 of 2025 12.08.2025 https://www.mhc.tn.gov.in/judis