J.Sekar v. The Menaging Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN J.Sekar .. Petitioner

Versus

1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Pallavan Salai, Chennai-600 002.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to pay 10% interest for the belated payment of commutation of pension amount to the petitioner.

For Petitioner : Mr.S.T.Varadarajulu For R1 : Mr.A.Vinothraj, Standing Counsel For R2 : Mr.CSK. Sathish, Standing Counsel 1/6

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition is filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to pay 10% interest for the belated payment of commutation of pension amount to the petitioner. 3.The case of the petitioner is that the petitioner joined in the Respondent Corporation on 10.06.1982 as Junior Trades Man and retired as Senior Assistant Engineer on 31.05.2017. Inspite the petitioner retired on 31.05.2017 his terminal benefits were settled after having delayed for several months. Hence, the petitioner is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 17.12.2024. However, no action has been taken by the respondents till date. Hence this petition.

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4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5.The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondents/Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement. 3/6

7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

31.01.2025 Speaking order : Yes/No Index : Yes/No gbi 4/6

To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Pallavan Salai, Chennai-600 002.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

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V.BHAVANI SUBBAROYAN, J.

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