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Madras High CourtWP/24181/2025disposed of

M.Karikalan(J06501) v. The Managing Director

2025-07-04Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.M.Karikalan 2.V.Appachi 3.P.Shanmuganathan 4.P.Shanmugasundarasamy 5.I.Devadurai ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the 1/6

amount of Rs.18,500/- payable towards Retirement Benefits Scheme Recovery (RBSR) Amount to the petitioners along with 12% interest per annum from the date of retirement within the time frame fixed by this Court. For Petitioners : Mr.N.K.Ponraj For R1 and R2 : Mr.M.Murali Vinodh Standing Counsel

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to pay the amount of Rs.18,500/- payable towards Retirement Benefits Scheme Recovery (RBSR) Amount to the petitioners along with 12% interest per annum from the date of retirement within the time frame fixed by this Court.

3. Heard the learned counsel for both sides and perused the materials available on record.

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4. The learned counsel for the petitioners would submit that the petitioners were retired employees of the Respondent-Corporation and the 1st petitioner retired from service on 31.07.2022 as Special Grade Conductor, the 2nd petitioner retired from service on 31.03.2019 as Assistant Manager, the 3rd petitioner retied from service on 31.07.2018 as Superintendent, the 4th petitioner retired from service on 30.04.2020 as Special Grade Assistant and the 5th petitioner retired from service on 31.12.2022 as Special Grade Conductor. The learned counsel for the petitioners would submit that the respondents have settled their retirement benefits belatedly and the respondents have not paid the Retirement Benefits Scheme Recovery Amount, which was collected from the petitioners. In this connection, the petitioners have sent individual representation dated 03.05.2025, 28.04.2025, 28.04.2025, 21.04.2025 and 22.04.2025 respectively to the 1st respondent, claiming retirement benefit scheme amount and the same is yet to be considered by the 1st respondent.

5. At this juncture, the learned Standing Counsel appearing for the respondents would fairly submit that they would consider the petitioners representations, within a reasonable time.

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6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioners' individual representation dated 03.05.2025, 28.04.2025, 28.04.2025, 21.04.2025 and 22.04.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 04.07.2025 (2/2) Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Chennimalai Road, Erode - 1.

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C.KUMARAPPAN, J.

dm 04.07.2025 (2/2) 6/6