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Madras High Court

V.Venkatesan vs The Managing Director on 17 October, 2023

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                   W.P.Nos.30049, 30050 & 30053 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.10.2023

                                                      CORAM

                        THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                        W.P.Nos.30049, 30050 & 30053 of 2023

                     1.V.Venkatesan                            ... Petitioner
                                                                   in WP.No.30049 of 2023

                     2.M.Sundaresan                            ... Petitioner
                                                                   in WP.No.30050 of 2023

                     3.M.Kalyanasundaram                       ... Petitioner
                                                                   in WP.No.30053 of 2023
                                                         Vs.

                     1.The Managing Director,
                       Tamil Nadu State Transport
                              Corporation (Villupuram) Ltd.,
                       3/137, Salamedu,
                       Villupuram – 605 602.

                     2.The General Manager,
                       Tamil Nadu State Transport
                              Corporation (Villupuram) Ltd,
                       Vellore Region,
                       Rangapuram, Vellore – 632 009.

                     3.The Administrator,
                       Tamil Nadu State Transport Corporations
                             Employees' Pension Fund Trust,
                       Anna Salai, Chennai – 600 002.          ... Respondents
                                                                   in 3 WPS


                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                         W.P.Nos.30049, 30050 & 30053 of 2023

                     Common Prayer: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Mandamus, directing the respondents to
                     disburse the petitioner the difference sum of interest paid towards the belated
                     disbursement of his commuted value of pension with further interest at the
                     rate of 6% per annum from the said date of entitlement to till the date of
                     actual payment.

                                       For Petitioners         : Mr.P.Manoj Kumar
                                                                 (in 3WPs)

                                       For R1 & R2             : Mr.R.Venkatesa Perumal
                                                                 Standing Counsel
                                                                 (in 3WPs)

                                       For R3                  : Mr.C.S.K.Sathish
                                                                 (in 3WPs)




                                                     COMMON ORDER

These writ petitions have been filed to direct the respondents to disburse the petitioners the difference sum of interest paid towards the belated disbursement of the petitioners Commuted Value of Pension with further interest at the rate of 6% per annum from the date of entitlement till the date of actual payment within a time limit to be stipulated by this Court.

Page 2 of 6

https://www.mhc.tn.gov.in/judis W.P.Nos.30049, 30050 & 30053 of 2023

2. It is the case of the petitioners that they retired from the respondents Corporation, however, their retirement benefits were settled belatedly.

Therefore, the petitioners approached this Court earlier seeking interest for the belated payment of their retirement benefits and this Court was pleased to direct the respondents to pay interest @ 4% p.a. for the belated payment of their terminal benefits. However, now, it is the grievance of the petitioners that, insofar as the interest towards Commuted Value of Pension is concerned, the respondent has disbursed only lesser amount than the one as calculated by the petitioners. Hence, the petitioners seek for the difference in interest amount paid towards belated payment of Commutated Value of Pension to the petitioners. In this regard, the petitioners have also submitted representations to the respondents. Since the same was not considered, the present writ petitions have been filed.

3. Heard the learned counsel for the petitioners and Mr.R.Venkatesa Perumal, learned Standing counsel for the respondents 1 and 2 and learned counsel for the 3rd respondent.

Page 3 of 6

https://www.mhc.tn.gov.in/judis W.P.Nos.30049, 30050 & 30053 of 2023

4. Considering the limited nature of the relief sought for in these writ petitions, the respondents are directed to pay the eligible amount, if any, towards difference in interest amount paid towards belated payment of Commutated Value of Pension to the petitioners, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, these writ petitions are disposed of. No costs.

17.10.2023 Jeni Index : Yes / No Speaking order : Non-speaking order Neutral Citation : Yes / No Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.30049, 30050 & 30053 of 2023 To

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram – 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vellore Region, Rangapuram, Vellore – 632 009.

3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Anna Salai, Chennai – 600 002.

Page 5 of 6

https://www.mhc.tn.gov.in/judis W.P.Nos.30049, 30050 & 30053 of 2023 V.BHAVANI SUBBAROYAN, J.

Jeni W.P.Nos.30049, 30050 & 30053 of 2023 17.10.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis