B.Sampath v. M/S.State Express Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE B.Sampath ... Petitioner Vs.

1.M/s.State Express Transport Corporation, Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

2.M/s.Tamil Nadu State Transport Corporation, Employee's Pension Fund Trust, Rep. by its Administrator, No.2, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to settle a sum of Rs.13,08,902/- to the petitioner herein towards terminal benefits with 6% interest by considering the representation of the petitioner dated 27.12.2022.

For Petitioner :

Mr.D.Soundar Raj For Respondents :

Mr.S.Siva Subramani Standing Counsel - SETC 1/5

ORDER

The grievance of the petitioner in this Writ Petition is that eventhough he has retired from service with the respondent transport corporation, he has not been paid his retirement benefits. In such circumstances, he has given a representation on 27.12.2022, seeking for payment of his retirement benefits, which according to him amounts to Rs.13,08,902/-, together with interest at the rate of 6% per annum. Since the representation has not been considered till date, he has filed this Writ Petition.

2. Heard Mr.D.Soundar Raj, learned counsel for the petitioner and Mr.S.Siva Subramani, learned Standing Counsel (SETC), accepts notice on behalf of the respondents.

3. No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

4. This Court is not expressing any opinion on the merits of the 2/5

petitioner's representation.

5. For the foregoing reasons, this Court directs the respondents to pass final orders, on merits and in accordance with law, on the petitioner's representation dated 26.12.2022, seeking for payment of his retirement benefits, which according to the petitioner amounts to Rs.13,08,902/-, together with interest at the rate of 6% per annum, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

05.01.2023 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.M/s.State Express Transport Corporation, Rep. by its Managing Director, No.2, Pallavan Salai, Chennai - 600 002.

2.M/s.Tamil Nadu State Transport Corporation, Employee's Pension Fund Trust, Rep. by its Administrator, No.2, Pallavan Salai, Chennai - 600 002.

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ABDUL QUDDHOSE. J., ab 05.01.2023 5/5