M.Rajakumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

1. M.Rajakumar S/o. Munusamy No. 1/1 Ramalingam Street, Pinji Village, Ranipet Ranipet District 632 401.

Petitioner(s) Vs

1. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, 3/137 Salamedu Vazhutha Reddy, Villupuram 605 602.

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

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to return commutation

amount recovered between 05.04.2023 and 30.10.2024 with 10 % interest to the petitioner.

For Petitioner(s):

M/s. S.T.Varadarajalu For Respondent(s):

M/s.S.Pavithra, Sc., For R1 Mr.C.S.K. Sathish, Sc For R2

ORDER

This writ petition has been filed seeking a direction to the respondents to return commutation amount recovered between 05.04.2023 and 30.10.2024 with 10 percentage interest to the petitioner.

2. Heard Mr.S.T.Varadarajalu, learned counsel for the petitioner, Ms.S.Pavithra, learned Standing Counsel appearing for the 1 st respondent and Mr.C.S.K.Sathish, learned Standing Counsel for the 2 nd respondent.

3. The learned counsel for the petitioner would submit that he retired on superannuation on 28.02.023. The commutation of pension amount was paid on 30.10.2024. However, even prior to payment of commutation amount, they started recovery amount between 05.04.2023 and 30.10.2024, which is contrary to law. In this connection, the petitioner has sent the representation on 11.04.2025 seeking to return of commutation amount recovered on 05.04.2023 and 30.10.2024 and the same is yet to be considered by the respondents.

4. At this juncture, the learned Standing Counsel appearing for the respondents would fairly submit that they would consider the petitioner's representation within a reasonable time.

5. In such view of the submission, without going into the merits of the matter, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 11.04.2025 and pass orders on it's own merits and in accordance with law, within a period of six(6) weeks from the date of receipt of a copy of this order.

6. In the result, this writ petition stands disposed of with the above directions. There shall be no order as to costs. 03-07-2025 kmi Index:Yes/No Speaking order Internet:Yes

To 1.The Managing Director Tamil nadu State Transport Corporation Villupuram Ltd, Vellore Region, 3/137 Salamedu Vazhutha Reddy, Villupuram 605 602.

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

C.KUMARAPPAN J.

kmi 03-07-2025