← Library
Madras High CourtWP/25566/2025disposed of

B.Ravi v. The General Manager

2025-07-15Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN B.Ravi ... Petitioner Vs.

1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram - Vellore - 632 009 2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to return the deducted 1/3 commuted pension amount for the period from the date of payment of pension to the date of payment of commutation amount with 10% interest to the petitioner.

For Petitioner : Mr.S.T.Varadarajulu 1/6

For R1 : M/s.S.Pavithra Standing Counsel For R2 : Mr.C.S.K.Sathish 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 2nd respondent to return the deducted 1/3 commuted pension amount for the period from the date of payment of pension to the date of payment of commutation amount with 10% interest to the petitioner.

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

4. The learned counsel for the petitioner would submit that the 2/6

petitioner has joined in the services of the Respondents-Transport Corporation as Helper Trainee on 19.08.1983 and after rendering 39 years of service and on attaining the age of superannuation, he retired from service on 31.03.2023. It is the submission of the petitioner that after his retirement, the 2nd respondent deducted the 1/3 amount from the pension towards commutation of pension amount. It is the further submission of the petitioner that the 2nd respondent has paid the commutation of pension amount only on October-2024, whereas started recovery from the pension since April-2023. Hence, claiming return of that amount, the petitioner has sent a representation to the 2nd respondent on 06.01.2025 and such representation is pending with the 2nd respondent.

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

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 petitioner's representation dated 06.01.2025 and pass orders on 3/6

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. 15.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram - Vellore - 632 009 2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

5/6

C.KUMARAPPAN, J.

dm 15.07.2025 6/6