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Madras High CourtWP(MD)/19067/2021allowed

Desingurajan.P v. The Managing Director

2024-06-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.06.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Desingurajan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, 27, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation, Kumbakonam Limited, Kumbakonam Region, Kumbakonam - 612 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to settle the difference of amount of retiral benefits of the petitioner taking into account the dearness allowance as 100% instead of 90% from 01.04.2014 in accordance with the G.O.Ms.No.96, Finance (Allowances) Department dated 03.04.2014 together with interest at the rate of 18% per annum payable from 01.01.2014 to till the date of actual payment by considering the petitioner's representation dated 10.06.2021. For Petitioner : Mr.K.Prabakaran For Respondents : Mr.P.Balasubramanian Standing Counsel 1/4

ORDER

This Writ Petition has been filed for a direction to the respondents to settle the difference of amount of retiral benefits of the petitioner taking into account the dearness allowance as 100% instead of 90% from 01.04.2014 in accordance with the G.O.Ms.No.96, Finance (Allowances) Department dated 03.04.2014 together with interest at the rate of 18% per annum payable from 01.01.2014 to till the date of actual payment by considering the petitioner's representation dated 10.06.2021. 2.The learned counsel appearing for the petitioner submitted that the petitioner has given representation dated 10.06.2021 to the respondents, requesting them to settle the difference amount in retiral benefits to the petitioner, as per G.O.(Ms).No.96, Finance (Allowances) Department, dated 03.04.

2014, together with interest at the rate of 18% per annum payable from 01.01.2014 to till the date of actual payment. But, the respondents have not passed any order till date. Hence, the petitioner has approached this Court by filing this Writ Petition. 3.Mr.P.Balasubramanian, learned Standing counsel takes notice for the respondents and submitted that the representations of the petitioner, dated 10.06.2021, will be considered within a period of eight weeks time.

4.Considering the above said submissions, this Court directs the first respondent to dispose of the representation of the petitioner, dated 10.06.2021, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

04.06.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, 27, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu State Transport Corporation, Kumbakonam Limited, Kumbakonam Region, Kumbakonam - 612 001.

3/4

L.VICTORIA GOWRI, J.

Mrn 04.06.2024 4/4