Madras High CourtWP(MD)/2054/2023disposed of

Peter Sahayaraj. M v. The Management Of

2023-02-02Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Peter Sahayaraj ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Rep. by its General Manager, Dindigul.

2.The Administrator Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to pay the petitioner arrears of pension for the period from September, 2019 to May, 2022 along with interest calculated at the rate of 18% per annum.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.Gladson Micheal Rajendran for R1 Mr.S.C.Herold Singh - for R2

O R D E R

This writ petition has been filed to direct the respondents to pay the petitioner arrears of pension for the period from September, 2019 to May, 2022 along with interest calculated at the rate of 18% per annum.

2. The learned counsel appearing for the petitioner submitted that the petitioner was appointed as a Driver in the respondent Corporation in the year 1996. After completion of 23 years of service, he awarded with 'Special Grade Driver' and subsequently, retired from service on 31.08.2019. However, the respondents themselves have paid reduced pension to him and after realizing their mistake, started to pay the correct rate of pension. However, the arrears of pension amount was not paid to the petitioner with interest, thereby, the present writ petition is filed with the aforesaid prayer.

3. The learned counsel for the petitioner further submitted that it would suffice this Court may issue a direction to the respondents to consider the petitioner's representation, dated 15.07.2022 and pass appropriate orders within a reasonable time.

4. The learned counsel appearing for the respondents submitted that the arrears of the pension amount will be paid to petitioner, if he is otherwise eligible, within a period of eight weeks.

5. Recording the same, this writ petition is disposed of with a direction to the respondent Corporation to pay the eligible arrears amount to the petitioner with 4% interest per annum, within a period of eights weeks from the date of receipt of a copy of this order. No costs. 02.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Rep. by its General Manager, Dindigul.

2.The Administrator Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

M.DHANDAPANI,J.

RM 02.02.2023