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Madras High CourtWP/4013/2023disposed of

R.Krishnakumar v. The Managing Director

2025-02-03Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.4013 of 2023 R. Krishnakumar .. Petitioner

Versus

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram 605 602.

2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.

3. The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, 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 second respondent namely the General Manager, Tamilnadu State Transport Corporation, Villupuram Ltd., Kancheepuram Region, Kancheepuram to settle the remaining retirement benefits of Rs.98,237/- due to the petitioner based 1/6

on the representation dated 05.02.2020 submitted before him and consequently to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits from the date of his retirement within a stipulated time and pass orders.

For Petitioner : Ms. Uma for T.Nithya For Respondents 1 &2 : Mr.R.Venkatesa Perumal, Standing Counsel For Respondent 3 : Mr.C.S.K. Sathish, Standing Counsel.

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus, directing the second respondent namely the General Manager, Tamilnadu State Transport Corporation, Villupuram Ltd., Kancheepuram Region, Kancheepuram to settle the remaining retirement benefits of Rs.98,237/- due to the petitioner based on the representation dated 05.02.2020 submitted before him and consequently to pay interest at the rate of 12 % per annum for the belated settlement of retirement benefits from the date of his retirement within a stipulated time and pass orders. 2/6

2. The case of the petitioner is that the petitioner joined in the Respondent Transport Corporation as a canteen helper on 01.09.1986 and retired on 31.08.2014. The grievance of the petitioner is that the terminal benefits were not settled to the petitioner, due to which he has earlier approached this Court in W.P.No.39856 of 2015 and Cont.P.no.158 of 2018. Pursuant to which some of the terminal benefits was paid only with 3% interest for the belated payment, whereas the petitioner is entitled for 6% interest. The sum and substance of the case is that as of now the respondent has to pay a sum of Rs.98,237/- to the petitioner, due to which he has given a representation to the respondents on 05.02.2020. However, the same was not considered till date. Hence, this petition.

3.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.

4.The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and 3/6

will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

5.Considering the facts of the case and the submissions made 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. 6.With the above directions, this Writ Petition stands disposed of. No order as to costs.

03.02.2025 Speaking order : Yes/No Index : Yes/No smn 4/6

To 1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram 605 602.

2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.

3. The Administrator, Tamilnadu State Transport Corporation, Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

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V.BHAVANI SUBBAROYAN, J.

smn W.P.No.4013 of 2023 03.02.2025 6/6