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Madras High CourtWP(MD)/18512/2022disposed of

Mathialagan.K v. The Management Of Tamilnadu State Transport Corporation (Kumbakonam) Ltd.,

2022-08-16Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18512 of 2022 K.Mathialagan ... Petitioner /vs./ 1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Ref. No.TNSTC/Kum/Legal/L2/3909/2021 dated 13.05.2021, quash the same, and consequently to direct the respondents to forthwith refund the Post Retirement Benefit Fund Scheme contribution of Rs.17,750/- to the petitioner together with interest at the rate of 6 percent per annum payable from 31.01.2017 to till the date on which the above amount is disbursed to the petitioner. 1/4

For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Jagadees Balan Standing Counsel

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Though the prayer sought for in this writ petition is larger in nature, the learned Counsel for the petitioner confines the prayer seeking for a direction to the respondents to refund the Post Retirement Benefit Fund Scheme Contribution. The learned Standing Counsel appearing for the respondents has no serious objection for the same.

3.When the petitioner herein had sought for information as to outstanding amount payable under the Post Retirement Benefit Fund Scheme, through his request under the provisions of Right to Information Act, 2005, the respondents had informed the petitioner that a sum of Rs.17,750/- (Rupees Seventeen 2/4

Thousand and Seven Fifty only) is payable to him, in their reply dated 26.05.2018.

4.In view of the admission made by the respondents, there shall be a direction to the second respondent herein, to pass orders for payment of the sum of Rs.17,750/- (Rupees Seventeen Thousand and Seven Fifty only) towards Post Retirement Benefit Fund Scheme Contribution, within a period of eight (8) weeks from the date of receipt of this order.

5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

16.08.2022 Index : Yes / No Internet : Yes / No sm 3/4

M.S.RAMESH, J.

Sm To:

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

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

Order made in W.P.(MD)No.18512 of 2022 Dated:

16.08.2022 4/4