R.Mohan (Pr No. Jo 2033) v. Tamilnadu State Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R.Mohan

...Petitioner

Vs

1. Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore - 43.

2. Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Rep. by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs.66,746/- towards arrears of difference in pension for the period from Aug.2017 to Sep.2019; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme; to pay the petitioner a sum of Rs.23,361/- towards surrendered an earned leave wages for 45 days during the petitioner service; to pay the petitioner amount under the family benefit fund 1/6

scheme, together with interest at the rate of 12% per annum and to pay the petitioner interest at the rate of 12% per annum for the belated payment of Rs.5,45,946/- towards PF and for the belated payment of Rs.32,545/- towards earned leave/medical leave salary within a specified time frame, as may be fixed by this Court.

For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.M.Murali Vinodh, Standing Counsel (for R1) Mr.C.S.K.Sathish, Standing Counsel (for R2)

ORDER

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

2. The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to pay the petitioner a sum of Rs.66,746/- towards arrears of difference in pension for the period from Aug.2017 to Sep.2019; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement Benefit Fund Scheme; to pay the petitioner a sum of Rs.23,361/- towards surrendered 2/6

an earned leave wages for 45 days during the petitioner's service; to pay the petitioner the amount under the family benefit fund scheme, together with interest at the rate of 12% per annum; and to pay the petitioner interest at the rate of 12% per annum for the belated payment of Rs.5,45,946/- towards PF and for the belated payment of Rs.32,545/- towards earned leave/medical leave salary within a specified time frame, as may be fixed by this Court.

3. The case of the petitioner is that the petitioner joined the Respondent/Transport Corporation as Junior Tradesman on 09.07.1988 and voluntarily retired as Senior Tradesman on 30.08.2017. The grievance of the petitioner is that the terminal benefits of the petitioner has not been fully settled. Since the representation of the petitioner dated 19.06.2024 did not evoke any response, the present writ petition has been filed seeking for the aforesaid relief.

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.

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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, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pass appropriate orders and pay the eligible amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order. It is made clear that the amount should carry 6% interest per annum from the date on which the amount became due and payable till the date of disbursement, if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of disbursement. 4/6

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

28.01.2025 3/5 Index:Yes/No Speaking order/Non-speaking order kv To

1. The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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V.BHAVANI SUBBAROYAN,J.

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