Anbalagan.T v. The Management Of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH T.Anbalagan ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in Ref.No.TNSTC/Kum/Legal/L2/4111/2021 dated 28.05.2021, quash the same and consequently to direct the respondents to forthwith refund the Post 1/4

Retirement Benefit Fund Scheme contribution of Rs.16,700/- to the petitioner together with interest at the rate of 6% per annum payable from 31.12.2016 to till the date on which the above amount is disbursed to the petitioner. For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Jagadees Balan, Standing Counsel.

ORDER

The petitioner herein claims refund of the contribution made by him under the Post Retirement Benefits Scheme together with interest at the rate of 6% per annum. The claim of the petitioner in this regard, has been rejected through the present impugned order, dated 28.05.2021, which is put under challenge in the present Writ Petition.

2. Today, when the matter is taken up for hearing, the learned Standing Counsel for the respondent Corporation submitted that even prior to filing of the Writ Petition, the petitioner's contribution towards the Post Retirement Benefits Scheme has already been refunded to him on 05.07.2022. As such, the grievance of the petitioner is met. In case the petitioner is of the view that he is entitled for interest on the refunded amount, liberty is hereby granted to the petitioner to make an appropriate representation to the respondents, seeking for 2/4

such interest and on receipt of such a representation, the respondents shall pass orders as expeditiously as possible.

3. This Writ Petition is disposed of accordingly. There shall be no order as to costs.

26.08.2022 Index : Yes / No Internet : Yes/ No Lm To 1.The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam.

3.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam.

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M.S.RAMESH , J.

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