V.Lakshmanasamy v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.28679 of 2024 V.Lakshmanasamy ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation 37, Mettupalayam Road, Coimbatore 641 043 ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to disburse the remaining arrears amount payable to him towards the 01-09-2013 settlement arrears as admitted by the respondent under Right to Information Act 2005 vide respondent letter dated 26-08-2024 together with 12% interest per annum from the respective due dates within a time frame as may be fixed by this Court. For Petitioner : Mr.A.Rajendiran For Respondent : Mr.C.Gowthamaraj Standing counsel 1/5

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O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondent to disburse the remaining arrears amount payable to him towards the 01-09-2013 settlement arrears as admitted by the respondent under Right to Information Act 2005 vide respondent letter dated 26-08-2024 together with 12% interest per annum from the respective due dates within a time frame as may be fixed by this Court.

2.The case of the petitioner is that he was working as a Clerk in the respondent Corporation from 16.07.1983. After completion of 32 years of service, he retired from service on 31.10.2015. 3.The further case of the petitioner is that respondents failed to settle the remaining 40% of settlement arrears. The petitioner made an application under the Right to Information Act and the respondent also provided the details of amount to be paid to the petitioner under this head through information dated 26.08.2024. Since the amount due and payable was not paid to the petitioner, the present writ petition has been filed seeking for appropriate directions. 3/5

4.Heard Mr.A.Rajendiran, learned counsel for the petitioner and Mr.C.Gowthamaraj, learned Standing counsel for respondent. 5.Taking into consideration the facts and circumstances of the case and the RTI information dated 26.08.2024 that was furnished to the petitioner, there shall be a direction to the respondent Corporation to settle the remaining arrears amount towards 40% of settlement arrears, within a period of six weeks from the date of receipt of a copy of this order with 6% interest from the date of retirement till the date of actual realisation. If there is any delay in settling the amount within the time frame fixed by this Court, the respondent Corporation will be liable to pay interest at the rate of 12% from the date of retirement till the date of actual realisation.

6.The petitioner is directed to make a fresh representation to the respondent along with a copy of this order.

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N. ANAND VENKATESH, J.

ssr 7.This writ petition is disposed of with the above directions. No costs. 26.09.2024 Internet : Yes (1/2) Index : Yes Speaking Order / Non Speaking Order ssr To The Managing Director, Tamil Nadu State Transport Corporation 37, Mettupalayam Road, Coimbatore 641 043 W.P.No.28679 of 2024 5/5