D.Krishnasamy v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2024

CORAM

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

1.The Management of State Express Transport Corporation (Tamilnadu) Ltd., represented by its Managing Director, Pallavan Salai, Chennai - 2.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay the petitioner the pension payable for petitioner from June 2014 to August 2015, along with interest at the rate of 18% p.a. and within a time frame as may be fixed by this Court.

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For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader [R1] Mr.C.S.K.Sathish, Standing Counsel [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to pay the pension payable for petitioner from June 2014 to August 2015, along with interest at the rate of 18% p.a.

2. Heard Mr.V.Ajoy Khose, learned counsel for petitioner and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for first respondent and Mr.C.S.K.Sathish, learned Standing Counsel appearing for second respondent.

3. The case of the petitioner is that he joined the service of the respondent Corporation as Conductor on 05.05.1986. Ultimately, he retired from service on 31.05.2014 on attaining the age of superannuation as Selection Grade Conductor.

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4. The grievance of the petitioner is that even though he retired from service as early as on 31.05.2014, the respondents have not paid the pension for the period from June 2014 to August 2015. In view of the same, the petitioner submitted a representation dated 26.04.2024 to the respondents to pay the arrears of pension with 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 respondents to pay the eligible and admissible amount with interest at the rate of 6% p.a. for the belated payment to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch interest at the rate of 12% p.a. 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. 3/4

N.ANAND VENKATESH, J gm This Writ Petition is disposed of with the above direction. No costs.

11.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Management of State Express Transport Corporation (Tamilnadu) Ltd., Pallavan Salai, Chennai - 2.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

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