G.Kothandan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN G.Kothandan (pay Roll No.8611) S/o.Govindan 1/99, Bajanai Koil Street, Kallapadi Vilalge And Post, Gudiyatham Taluk, Vellore District-632 601. .. Petitioner
Versus
1.The Managing Director Tamil Nadu State Transport Corporation (villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.
2.The General Manager Tamil Nadu State Transport Corporaton (villupuram) Ltd., Vellore Region, Rangapuram, Vellroe--632 009.
3.The Administrator Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam 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 respondents to disburse the arrears of difference in pension to the petitioner with effect from November, 2017 to November 2023 with interest at the rate of 8 percent per annum from the said date of entitlement to till the date of 1/6
actual disbursement within a time limit to be stipulated by this Honourable Court For Petitioner : Mr.J.Lakshminarayanan For R1 and R2 : Mr.R.Venkatesa Perumal, Standing Counsel For R3 : Mr.CSK.Sathish, Standing Counsel
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 respondents to disburse the arrears of difference in pension to the petitioner with effect from November, 2017 to November 2023 with interest at the rate of 8 percent per annum from the said date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
3.The case of the petitioner is that the petitioner joined in the 2/6
Respondent Corporation as Special Grade Conductor and retired on 29.02.2016. Inspite the petitioner retired on 29.02.2016 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 02.09.2023. However, no action has been taken by the respondents till date. Hence this petition.
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 3/6
by either side counsel, this Court directs the Respondent/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. 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 Tamil Nadu State Transport Corporation (villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.
2.The General Manager Tamil Nadu State Transport Corporaton (villupuram) Ltd., Vellore Region, Rangapuram, Vellroe--632 009.
3.The Administrator Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam Pallavan Salai, Chennai-600 002. 5/6
V.BHAVANI SUBBAROYAN, J.
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