Ramamoorthy.R v. The Tamil Nadu State Transport Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.Ramamoorthy ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation, (Kumbakonam Division III) Ltd., Rep. by its Managing Director, Marudhupathi, Managiri Road, Karaikudi - 630 307.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Division III) Ltd., Marudhupathi, Managiri Road, Karaikudi - 630 307. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ in the nature of writ of mandamus directing the respondents to rectify the calculation error and settle the revised retirement monetary benefits, pension, gratuity, special pension, employees' retirement benefit fund and social security scheme and IRT refund and all other retiral benefits with compound interest at the rate of not less than 12% per annum from the date of retirement i.e. 30.06.2008 to till the date of actual payment is made to the petitioner, as expeditiously as possible. 1/5

For Petitioner : Mr.R.Ramamoorthy Party-in-person For Respondents : Mr.K.Jagadeesbalan

O R D E R

The present Writ Petition has been filed by a retired Conductor seeking for issuance of writ of mandamus directing the respondents to rectify the calculation error in the pension and the retirement benefits and for disbursement of balance amount.

2. According to the writ petitioner, he attained superannuation on 30.06.2008. However, pension and other retirement benefits were disbursed belatedly with a wrong calculation and so far, only a sum of Rs.12,76,312/- has been disbursed to the writ petitioner. On the other hand, he is entitled to Rs.18,55,751/-. According to the petitioner, the balance amount upto May 2022 comes to Rs. 5,79,439/-.

3. The petitioner has enclosed the calculation formula at page No.119 of the typed set of papers. However, there are no 2/5

records to establish that this statement is placed before the respondents herein.

4. In view of the above stated facts, this Court directs the petitioner to send the calculation memo along with a representation to the respondents within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the respondents are directed to go through the said calculation memo and verify the same with his service records and disburse the eligible balance amount, if any, to the writ petitioner within a period of six weeks thereafter.

5. With the above directions, this Writ Petition is disposed of. No costs.

11.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To

1. The Tamil Nadu State Transport Corporation, (Kumbakonam Division III) Ltd., Rep. by its Managing Director, Marudhupathi, Managiri Road, Karaikudi - 630 307.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam Division III) Ltd., Marudhupathi, Managiri Road, Karaikudi - 630 307.

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R.VIJAYAKUMAR, J.

CM 11.12.2023 5/5