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Madras High CourtWP/36239/2024disposed of

N.Mehrullah v. The Administrator

2024-12-04Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.36239 of 2024 N. Mehrullah

...Petitioner

Vs The Administrator, Tamil Nadu State Transport corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai,Chennai - 60 002.

...respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of difference in commutation amount within a time limit to be stipulated by this Court and pass orders.

For Petitioner : Mr.J. Lakshminrayanan For respondent : Mr.C.S.K.Sathish 1/5

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 respondent to pay the interest to the petitioner at the rate of 8% per annum for the belated payment of difference in commutation amount within a time limit to be stipulated by this Court and pass orders.

3. The case of the petitioner is that the petitionerjoined the service in the Respondent/Corporation as driver on 15.01.1992 and retired on 31.05.2017 as Special Grade Driver. The grievance of the petitioner is that the respondent management has settled the retirement benefits to the petitioner belatedly. Therefore, the petitioner gave a representation to the respondent on 23.09.2024 requesting to pay the interest for the belated payment. However, no action has been taken by the respondent till date. 2/5

Hence this petition.

4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.

5. The learned standing counsel appearing for the respondent 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, this Court on submission made by either side counsel directs the respondent to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear, that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of 3/5

disbursement.

7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

04.12.2024 Index:Yes/No Speaking order/Non-speaking order smn To The Administrator, Tamil Nadu State Transport corporations Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai,Chennai - 60 002.

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V.BHAVANI SUBBAROYAN,J.

Smn W.P.No.36239 of 2024 04.12.2024 5/5