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Madras High CourtWP(MD)/22435/2022allowed

Raju .S v. The Management Director

2022-09-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Raju ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

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

3.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-02.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent corporation to pay arrears of pension from July 2016 to February 2020 to the petitioner with interest based on his representation dated 17.09.2021 and 10.03.2022 within the time frame stipulated by this Court. 1/4

For Petitioner : Mr.V.P.Rajan For Respondents : Mr.K.Jagadees Balan, Standing Counsel.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner joined the respondent corporation as Driver. The petitioner was involved in disciplinary proceedings. However, the same eventually ended in favour of the writ petitioner. The petitioner was allowed to retire with effect from 31.12.2019. However, his actual date of retirement was 30.06.2016. The benefits payable to the petitioner were given only on March 2020. While doing so, arrears of pension from July 2016 to February 2020 were not disbursed. The petitioner had been submitting representations. But they did not elicit any favourable response. Hence, this writ petition has been filed.

3.The entitlement of the writ petitioner is not in doubt. Therefore, the respondents are directed to pay the arrears of pension payable to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. 2/4

While doing so, the respondents are obliged add the interest component also. The interest will be calculated at the rate of 6% per annum. 4.The writ petition is allowed accordingly. No costs. 23.09.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 23.09.2022 4/4