A.Inbaraja v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Inbaraja ... Petitioner vs.

1.The Managing Director, Tamil Nadu State Transport Corporation(MDU) Ltd., Bye-Pass Road, Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai,Chennai - 02.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refund a sum of Rs.1,64,800/- deducted from the petitioner's monthly pension towards commutation from 31.03.2022 to 27.03.2023 along with appropriate interest, by considering the petitioner's representation dated 22.12.2023.

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For Petitioner :

Mr.S.P.Vijaynivas For R1 :

Mr.Ramachandra Prabhu For R2 :

Mr.S.C.Herold Singh

O R D E R

Heard Mr.S.P.Vijaynivas, learned counsel appearing for the petitioner, Mr.Ramachandra Prabhu, learned Counsel appearing for R1 and Mr.S.C.Herold Singh learned Counsel appearing for R2.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus, directing the respondents to refund a sum Rs.1,64,800/- deducted from his monthly pension towards commutation from 31.03.2022 to 27.03.2023 along with appropriate interest, by considering his representation dated 22.12.2023.

3. The petitioner had worked as a Junior Engineer in the respondent Corporation and retired on 31.03.2022 on Voluntary Retirement Scheme. Since the petitioner was asked to remit a sum of Rs. 13,733/- per month for the period from 31.03.2022 to 27.03.2023 towards commutation, he has remitted the same. But, so far, the respondents have 2/5

not repaid the same along with interest. Hence, this writ petition.

4. Mr.Ramachandra Prabhu, learned counsel appearing for the first respondent submitted that the petitioner has already sought for a similar relief before this Court in W.P.(MD)No.8257 of 2023 and a suitable direction has been given vide order dated 12.04.2023.

5. However, Mr.S.P.Vijaynivas, learned counsel appearing for the petitioner clarified that the direction given in the above said writ petition does not include the contribution made by the petitioner from the date of his voluntary retirement till the date of his actual superannuation towards commutation. So far, the representation dated 22.12.2023 given by the petitioner in this regard has not been considered by the respondents.

6. In view of the above observations, the writ petition is disposed of and the respondents are directed to consider the representation of the petitioner dated 22.12.2023 on their own merits and 3/5

pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. 29.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/5

R.N.MANJULA, J.

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