Madras High CourtWP(MD)/13346/2020disposed of

A.Mohan v. The Managing Director

2023-01-06Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Mohan : Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (Kum) Ltd., No.27 New Railway Station Road, Kumbakonam, Thanjavur District - 612 001.

2.The General Manager Tamil Nadu State Transport Corporation (Kum) Ltd., Karaikudi Region, Marudhupathi, Managiri Taluk, Sivagangai District.

3.The Administrator Tamilnadu State Transport Corporation, Employees Pensions 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 settle the petitioners difference commutation amount of Rs.6,00,000/- together with interest at the rate of 18% per annum payable from 31-05-2018 the date of the retirement of the petitioner to till the date of actual payment. For Petitioner : Mr.K.Gokul For Respondents : Mr.P.Balasubramani - for R1 & R2 Mr.S.C.Herold Singh - for R3

O R D E R

This writ petition has been filed to direct the respondents to settle the petitioners difference commutation amount of Rs.6,00,000/- together with interest at the rate of 18% per annum payable from 31-05-2018 the date of the retirement of the petitioner to till the date of actual payment.

2. The learned counsel for the petitioner submitted that the petitioner was appointed as a Junior Tradesman in the respondent corporation in the year 1984 and after retirement from service, the respondent settled all the terminal benefits like provident fund, gratuity, commutation, in the year 2019. However, the terminal benefits was settled only on September 2019. After implementation of 7th pay commission, the petitioner is entitled to get different part of commutation amount of Rs.6,00,000/- and the same was not paid. Hence, the petitioner repeatedly made representation and the last representation is on 29.12.2020 through RPAD and the same was not considered. Hence, the present writ petition is filed.

3. The learned Standing Counsel for the respondent pursuant to the representation made by the petitioner on 22.09.2020, the amount was sanctioned in favour of the petitioner on 19.11.2020 to the tune of Rs.4,63,401/- and the same was communicated to the petitioner on 23.11.2020.

4. Recording the same, this writ petition is disposed of, with liberty to the petitioner to work out his remedy in the manner known to law. No costs.

06.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

M.DHANDAPANI, J.

RM 06.01.2023