S.Palaniappan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.S.Palaniappan S/o.Shanmugasundaram 2.V.Jayachandran S/o.Virushbadoss 3.T.Perumal S/o.Thangavel 4.C.Karunanidhi S/o.Chinnathambi ... Petitioners Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pay 1/4

10% interest on the belated payment of difference of commutation of pension amount payable to the petitioners from the date of retirement to till the date of payment made to the petitioners. For Petitioners : Mr.S.T.Varadarajalu For Respondents : Mr.R.Venkatesa Perumal Standing Counsel [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 10% interest on the belated payment of difference of commutation of pension amount payable to the petitioners from the date of retirement to till the date of payment made to the petitioners.

2. Heard Mr.S.T.Varadarajalu, learned counsel for petitioners, Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for first respondent and Mr.C.S.K.Sathish, learned Standing Counsel appearing for second respondent.

3. The case of the petitioners is that the petitioners joined the service of the respondent corporation as Junior Assistant and rendered 2/4

nearly 27 to 34 years of continuous service. At the time of retirement, they were holding the post of Superintendent and Senior Superintendent.

4. The grievance of the petitioners is that the respondents have partly settled the retirement benefits, that too, belatedly without interest for the period of delay. In view of the same, the petitioners submitted various representations to the respondents to pay interest for the belated payment. 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 petitioners, 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 petitioners 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.

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N.ANAND VENKATESH, J gm

6. The petitioners are directed to submit a fresh individual representation to the respondents along with a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

25.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram, Villupuram District - 605 602.

2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai - 600 002.

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