S.Kruschev-13752 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24249 of 2024 S.Kruschev ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Kancheepuram - 631 552.
3.The Administratorm, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay interest amount for the delayed period of payment of difference of Commutation of Pension 1/6
amount to the petitioner at the rate of 6 percent per annum in the light of the judgment passed by this Court on 26.06.2024 in W.P.No.16674 of 2024. For Petitioner : Mr.N.Ishak For Respondent : Mr.R.Venkatesa Perumal Standing Counsel for R1 and R2 Mr.C.S.K.Sathish for R3
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to pay interest amount for the delayed period of payment of difference of commutation of pension amount to the petitioner at the rate of 6 percent per annum in the light of the judgment passed by this Court on 26.06.2024 in W.P.No.16674 of 2024.
2.The case of the petitioner is that he was appointed as a Conductor in the respondent Transport Corporation in the year 1985 and on completion of 32 years of service, he superannuated from service on 30.06.2017 while holding the post of "Selection Grade Checking Inspector".
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3.The grievance of the petitioner is that there was a delay in settling the terminal benefits. In view of the same, the petitioner has sought for payment of interest towards the delay in settlement of the commutation of pension amount. The petitioner in this regard had made a representation to the respondents on 21.05.2024. Since the same did not evoke any response, the present writ petition has been filed before this Court.
4.Heard Mr.N.Ishak, learned counsel appearing on behalf of the petitioner, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing on behalf of the 1st and 2nd respondents and Mr.C.S.K.Sathish, learned counsel appearing on behalf of the 3rd respondent.
5.Taking into consideration the facts and circumstances of the case and the materials available on record, this writ petition is disposed of with a direction to the respondents to pay interest at the rate of 6% per annum for the delay period in settling the commutation of pension amount. This payment shall be made within a period of six weeks from the date of receipt of a copy of this order. It is made clear 3/6
that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation. 6.The petitioner is directed to submit a fresh representation to the respondents along with a copy of this order. No costs. 23.08.2024 Internet : Yes (1/2) Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Regional Office, Kancheepuram - 631 552.
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3.The Administratorm, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
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N. ANAND VENKATESH, J.
ssr W.P.No.24249 of 2024 23.08.2024 (1/2) 6/6