V. Nataraajhan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE V.Nataraajhan ...

Petitioner vs.

1. The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2. M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, Ramakrishna Road, Salem - 636 007.

...

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to settle a sum of Rs.3,38,541/- to the petitioner herein towards balance terminal benefits with 6% interest by considering the representation of the petitioner dated 26.04.2022.

For petitioner : Mr.D.Soundar Raj For respondents : Mr.Yogesh Kannadasan Special Government Pleader for R-1 Mr.L.S.M.Hasan Fizal Additional Government Pleader for R-2 1/5

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader accepts notice for the 1st respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts notice for the 2nd respondent.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to settle a sum of Rs.3,38,541/- to the petitioner, which according to him, is the balance terminal benefits payable to him together with 6% interest by considering the petitioner's representation dated 26.04.2022 within a time frame to be fixed by this Court.

4. According to the petitioner, his terminal benefits amounting to Rs.3,38,541/- has not been paid till date, though he was superannuated on 30.06.2016 itself. In such circumstances, he has given a representation on 26.04.2022 seeking for payment of the aforesaid amount together with interest at 6% p.a. Since the said representation has not been considered by the respondents, till date, he has filed this writ petition. 2/5

5. Heard Mr.D. Soundar Raj, learned counsel for the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader for the 1st respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for the 2nd respondent.

6. No prejudice would be caused to the respondents, if the petitioner's representation referred to supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioner's representation dated 26.04.2022 seeking for payment of his balance terminal benefits, which according to him is Rs.3,38,541/- together with interest at 6% p.a. within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is permitted to send copies of the authorities, which he is relying upon to substantiate his claim for the payment of interest to the 2nd respondent to enable the 2nd respondent to consider the same. The learned counsel for the petitioner would submit that even though in the petitioner's representation, he has sought for 6%p.a. interest, the petitioner is satisfied if he is paid 4%. p.a. interest.

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8. With the aforesaid directions, this writ petition is disposed of. No costs.

19.10.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :

1. The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2. The Managing Director, M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., Ramakrishna Road, Salem - 636 007.

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ABDUL QUDDHOSE, J.

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