Ramar P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Ramar ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, 27, New Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

2.The Administrator, TNSTC Employees Pension Trust, SETC (TN) Limited, No.2, Pallavan Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the recovered the Contribution amount of ERPS or PRPF (Employees Retirement Pension Scheme) amount of Rs. 18,500/- to the petitioner for 19 years from 01.09.1998 to till the date on 31.12.2017 as per the 13th wage settlement with 6 percent interest as per this court order.

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For Petitioner : Mr.K.Thirugnanasambandan For Respondents : Mr.Jagadees Balan Standing Counsel for R.1 Mr.S.C.Herold Singh Standing Counsel for R.2

ORDER

Heard the learned counsel on either side.

2. The petitioner is a retired Corporation employee. He entered service in the year 1981. He was regularised in the year 1986. He retired on 31.07.2018. A sum of Rs.150/- was deducted from the petitioner's monthly salary towards employees retirement pension scheme. The amount deducted from the petitioner's salary comes to Rs.18,500/-. When the petitioner's terminal benefits were settled, this recovered amount was not disbursed to the petitioner. Seeking disbursement of the said amount, the present writ petition has been filed.

3. The entitlement of the petitioner to receive the petition mentioned amount is not in dispute. I therefore direct the respondents to pay the petitioner the petition mentioned amount of Rs.18,500/- (Rupees Eighteen Thousand and Five Hundred only) within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that it will not carry any interest if payment 2/4

is made within twelve weeks from the date of receipt of a copy of this order. Otherwise, it will carry interest at 6% from the date of retirement till the date of payment.

4. This writ petition is allowed on these terms. There shall be no order as to costs.

19.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, 27, New Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

2.The Administrator, TNSTC Employees Pension Trust, SETC (TN) Limited, No.2, Pallavan Salai, Chennai - 600 002.

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G.R.SWAMINATHAN, J.

MGA 19.04.2023 4/4