V.P.Arthanarieswaran v. The Tamil Nadu State Transport Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36801 of 2024

1. V.P. Arthanarieswaran

2. R.S.T. Nandhakumar

3. M.Sakthivel

4. A.Gnanguru

5. M.Raja Vimala vel

6. R.Govindaraju

7. K. Palaniappan

...Petitioners

Vs 1.The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I rep by its Managing Director, No.37, Mettupalayam Road, Coimbatore.

2. The Administrator, Tamil Nadu State Pension Trust, Pallavan Salai, Chennai - 600 002.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to pay STERBS fund ,Arrears in D.A and interest for the period of delay in making payment and pass orders.

1/5

For Petitioners : Mr.D. Anand Raja For Respondent-1 : Mr.Murali Vinodh Standing Counsel For Respondent -2 : Mr.C.S.K. Sathish Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.The petitioner has filed this writ petition to issue a Writ of Mandamus directing the first respondent herein to pay STERBS fund, Arrears in D.A and interest for the period of delay in making payment and pass orders.

3.The facts of the case is that the petitioners are retired employees of the Respondent/Corporation. The grievance of the petitioners are that the there was some dues under the head STERBS fund ,Arrears in D.A which has not yet settled by the Respondent Corporation. The sum and 2/5

substance of the case is that as there was a delay in paying the retirement benefits, the petitioners are entitled for interest for the belated payment, due to which the petitioners gave a representation to the first respondent including RTI Applications from 14.02.2022 to 14.03.2022. However, no action has been taken by the respondents till date. Hence this petition. 4.The learned counsel for the petitioners submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

5. The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

6.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondents to pay the eligible amount as payable to the petitioners along with interest at the rate of 6% per annum for the delay period in settling the said amount. 3/5

This payment shall be made within a period of six 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 an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation. 7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

10.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To 1.The Tamil Nadu State Transport Corporation Ltd., Coimbatore Division I rep by its Managing Director, No.37, Mettupalayam Road, Coimbatore.

2. The Administrator, Tamil Nadu State Pension Trust, Pallavan Salai, Chennai - 600 002.

4/5

V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.36801 of 2024 10.12.2024 1/2 5/5