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Madras High CourtWP/31790/2024disposed of

N.Baskar v. The Ministry Of Transport Of Tamil Nadu

2024-10-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.34552 of 2024 N.Baskar ... Petitioner Vs.

1.The Ministry of Transport of Tamil Nadu, represented by the Secretary, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Limited (MTC), Pallavan House, Anna Salai, Chennai - 600 002.

3.The Financial Adviser and Chief Accounts Officer, Metropolitan Transport Corporation (Chennai) Limited (MTC), Pallavan House, Anna 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 release the retirement benefits of the petitioner with interest at the rate of 12% per annum considering his representation dated 20.07.2024 addressed to the second respondent.

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For Petitioner : Ms.R.Meenakshi For Respondents : Mr.P.Balathandayutham Special Government Pleader [R1] Mr.A.Vinothraj Standing Counsel [R2 & R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to release the retirement benefits of the petitioner with interest at the rate of 12% per annum considering his representation dated 20.07.2024 addressed to the second respondent.

2. Heard Ms.R.Meenakshi, learned counsel for petitioner, Mr.P.Balathandayutham, learned Special Government Pleader appearing for first respondent and Mr.A.Vinothraj, learned Standing Counsel appearing for respondents 2 and 3.

3. The case of the petitioner is that he joined the services of the respondent transport corporation as Conductor on 06.06.1997 and he retired from service on 31.01.2023 on attaining the age of superannuation.

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4. The grievance of the petitioner is that even though he retired from service as early as on 31.01.2023, the respondents have not settled the retirement benefits. In view of the same, the petitioner submitted a representation to the respondents on 20.07.2024 to disburse the above benefits 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. Consequently, connected miscellaneous petition is closed. 25.10.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary, Ministry of Transport of Tamil Nadu, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Limited (MTC), Pallavan House, Anna Salai, Chennai - 600 002.

3.The Financial Adviser and Chief Accounts Officer, Metropolitan Transport Corporation (Chennai) Limited (MTC), Pallavan House, Anna Salai, Chennai - 600 002.

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