V.Venkatesan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN 1.V.Venkatesan ... Petitioner in WP.No.30049 of 2023 2.M.Sundaresan ... Petitioner in WP.No.30050 of 2023 3.M.Kalyanasundaram ... Petitioner in WP.No.30053 of 2023 Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Anna Salai, Chennai - 600 002.

... Respondents in 3 WPS

Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the petitioner the difference sum of interest paid towards the belated disbursement of his commuted value of pension with further interest at the rate of 6% per annum from the said date of entitlement to till the date of actual payment.

For Petitioners : Mr.P.Manoj Kumar (in 3WPs) For R1 & R2 : Mr.R.Venkatesa Perumal Standing Counsel (in 3WPs) For R3 : Mr.C.S.K.Sathish (in 3WPs) COMMON ORDER These writ petitions have been filed to direct the respondents to disburse the petitioners the difference sum of interest paid towards the belated disbursement of the petitioners Commuted Value of Pension with further interest at the rate of 6% per annum from the date of entitlement till the date of actual payment within a time limit to be stipulated by this Court.

2. It is the case of the petitioners that they retired from the respondents Corporation, however, their retirement benefits were settled belatedly. Therefore, the petitioners approached this Court earlier seeking interest for the belated payment of their retirement benefits and this Court was pleased to direct the respondents to pay interest @ 4% p.a. for the belated payment of their terminal benefits. However, now, it is the grievance of the petitioners that, insofar as the interest towards Commuted Value of Pension is concerned, the respondent has disbursed only lesser amount than the one as calculated by the petitioners. Hence, the petitioners seek for the difference in interest amount paid towards belated payment of Commutated Value of Pension to the petitioners. In this regard, the petitioners have also submitted representations to the respondents. Since the same was not considered, the present writ petitions have been filed.

3. Heard the learned counsel for the petitioners and Mr.R.Venkatesa Perumal, learned Standing counsel for the respondents 1 and 2 and learned counsel for the 3rd respondent.

4. Considering the limited nature of the relief sought for in these writ petitions, the respondents are directed to pay the eligible amount, if any, towards difference in interest amount paid towards belated payment of Commutated Value of Pension to the petitioners, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, these writ petitions are disposed of. No costs.

17.10.2023 Jeni Index : Yes / No Speaking order : Non-speaking order

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram, Vellore - 632 009.

3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Anna Salai, Chennai - 600 002.

V.BHAVANI SUBBAROYAN , J.

Jeni 17.10.2023