Madras High CourtWP(MD)/7480/2016dismissed

V.Subramanian, S/O.Vellaichamy v. The Tamil Nadu State Transport

2021-03-24Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.7480 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.7480 of 2016 V.Subramanian ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Madurai) Limited, represented by its Managing Director, Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay interest at the rate of 18% per annum for the belated payment of the commuted value of pension and gratuity within the time limit that may be fixed by this Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumaraiah Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondents to pay interest at the rate of 18% per annum, for the belated payment of commuted value of pension and gratuity.

2. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to dispose of the representation of the petitioner, dated 05.04.2016, on merits and in accordance with law, within a specified period.

3. Though the petitioner has claimed the payment of interest at the rate of 18% per annum, for the belated payment of commuted value of pension and gratuity, no details have been furnished before this Court what was the amount paid and when the amount was paid. In the absence of any details, claiming interest at the rate of 18% is not sustainable and hence, the prayer sought for by the petitioner in this writ petition is not maintainable. Accordingly, this Writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7480 of 2016 Petition is dismissed. However, if the petitioner is entitled for any statutory interest, as per the statutory provision, liberty is granted to the petitioner to work out the remedy, in the manner known to law. No costs.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Tamil Nadu State Transport Corporation (Madurai) Limited, represented by its Managing Director, Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

+1 CC to M/s.A.RAHUL, Advocate ( SR-13780[F] dated 25/03/2021 ) W.P.(MD)No.7480 of 2016 24.03.2021 SGS(CO) TR(17.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2