D.Shanmugam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Shanmugam S/o.Duraisamy ... Petitioner Vs.

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 Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Coporation Employees' Pension Fund Trust, Thiruvallur Illam, Anna Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay interest to the petitioner at the rate of 8% per annum for the belated payment of his commutation amount within a time limit to be stipulated by this Court.

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For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal Standing Counsel [R1 & R2] Mr.C.S.K.Sathish Standing Counsel [R3] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to pay interest to the petitioner for the belated payment of the commutation amount.

2. Heard Mr.J.Lakshminarayanan, learned counsel for petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for respondents 1 and 2 and Mr.C.S.K.Sathish, learned Standing Counsel appearing for third respondent.

3. The case of the petitioner is that he joined in the transport corporation in the year 1992 and his services were regularized in the year 1993. Ultimately, he retired from service on 31.05.2017 when he was holding the post of Special Grade Conductor.

4. The grievance of the petitioner is that even though he retired from service as early as on 31.05.2017, the respondents settled the 2/4

commutation amount only on 30.01.2021 and thereby, there was enormous delay in settling this amount. In view of the same, the petitioner submitted a representation to the respondent seeking for interest. Since the same was not considered, the present writ petition has been filed.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by the petitioner, there shall be a direction to the third respondent to pay interest at the rate of 6% for the belated payment of commutation amount to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to submit a fresh representation to the third respondent along with a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

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N.ANAND VENKATESH, J gm 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 Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Coporation Employees' Pension Fund Trust, Thiruvallur Illam, Anna Salai, Chennai - 600 002.

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