M.Mahendiran v. Tamilnadu State Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN M.Mahendiran ... Petitioner Vs.
1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore - 43.
2.Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Rep by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pay the petitioner a sum of Rs.27,390/- towards arrears of difference in pension for the period from Jan 2022 to Feb 2023; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement benefit 1/5
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.8,61,587/- towards PF.
For Petitioner : Mr.R.Krishnasamy For Respondents : Mr.C.Gowthamraj Standing Counsel for R1 Mr.C.S.K.Sathish Standing Counsel for R2 *****
ORDER
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to pay the petitioner a sum of Rs.27,390/- towards arrears of difference in pension for the period from Jan 2022 to Feb 2023; to pay the petitioner a sum of Rs.18,500/- towards the amount payable under the Post Retirement 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.8,61,587/- towards PF.
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2. The case of the petitioner is that he was working as a Junior Tradesman with the respondents corporation since 09.02.1984 and later he was promoted as Senior Tradesman. After completing 34 years of service, the petitioner had retired from service on attaining the age of superannuation on 31.12.2020. However, there is a delay in payment of Gratuity as well as PF and EL Salary. The petitioner has also made a representation dated 12.06.2024 to the respondents, the respondents have not considered the same. Hence, the present writ petition.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the representation dated 12.06.2024 on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 3/5
5. In the result, this Writ Petition is disposed of with the above observations. No costs.
03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore - 43.
2.Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Rep by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
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C.KUMARAPPAN, J.
jas 03.06.2025 5/5