V.Palanisamy v. The Administrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Palanisamy .. Petitioner

Versus

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

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to pay the difference sum of Rs.33,058/- towards interest for actual commutation of pension amount with 10% interest to the petitioner. For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.C.S.K.Sathish, Standing Counsel

ORDER

This Writ Petition is filed for a direction to the respondent to pay the difference sum of Rs.33,058/- towards interest for the actual commutation of pension amount with further interest to the petitioner. 1/4

2. When the matter came up for hearing, the learned Counsel for the petitioner would submit that a direction has already been issued by this Court in a similar matter in W.P.No.9754 of 2023.

3. Mr.C.S.K.Sathish, learned Standing Counsel, taking notice for the respondent, would submit that this case is nothing but a calculation error while calculating the amount payable. As such, it will be correctly calculated and the amount will be paid out to the petitioner. The only difference would be for 30 days which would be taken by the concerned Corporation and the period of 30 days taken in calculation and submission of the proposal would be deducted.

4. The learned Counsel for the petitioner has no objection to the said course being taken.

5. In view thereof, this Writ Petition is disposed of on the following terms :- 2/4

(i) The respondent shall recalculate the sum payable to the petitioner in accordance with law and pay the arrears amount, if any, within 12 weeks from the date of receipt of a copy of this order along with an interest at the rate of 6% per annum from the date on which the amount became due till the date of disbursement;

(ii) If the amount is not paid within the said period, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement; (iii) There shall be no order as to costs.

25.04.2024 (1/4) Index : yes Speaking order : no grs To The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

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D.BHARATHA CHAKRAVARTHY, J.

grs 25.04.2024 (1/4) 4/4