R. Manoharan Vs Tamilnadu State Transport Corporation (Coimbatore) Ltd.

2.Tamil Nadu State Transport Corporations Employee's Pension Fund Trust Rep by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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...Respondents

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Prayer: This petition is filed under Article 226 of the Constitution

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of India to issue a Writ of Mandamus, directing the respondents to pay the petitioner a sum of Rs.77,822/- towards arrears of difference in earned leave and medical leave salary; to pay the petitioner a sum of Rs.18,500/towards Family Benefit Fund Scheme; to pay the petitioner difference in

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commutation amount of Rs.5,37,434/- together interest at the rate of 12%

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per annum within a specified time frame, as may be fixed by this Hon'ble Court.

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For Petitioner : Mr.R.Krishnaswamy For Respondent 1 : Mr.M.Murali Vinodh, Standing Counsel For Respondent 2 : Mr.C.S.K.Sathish, Standing Counsel

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ORDER

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

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This writ petition is filed seeking to issue a Writ of Mandamus,

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directing the respondents to pay the petitioner a sum of Rs.77,822/towards arrears of difference in earned leave and medical leave salary; to pay the petitioner a sum of Rs.18,500/- towards Family Benefit Fund Scheme; to pay the petitioner difference in commutation amount of Rs.5,37,434/- together interest at the rate of 12% per annum within a specified time frame, as may be fixed by this Court.

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3.The case of the petitioner is that the petitioner joined the

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Respondent Transport Corporation as Clerk on 27.07.1982 and retired as Superindent on 31.07.2017. Inspite the petitioner retired on 31.07.2017 his terminal benefits were settled after a lapse of 11 months. Hence, the petitioner is entitled to interest for the belated payment made by the respondent due to which, the petitioner gave a representation to the respondents on 28.06.2024. However, no action has been taken by the respondents till date. Hence this petition.

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4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

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5.The learned standing counsel appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

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6.Considering the facts of the case and the submissions made

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by either side counsel, this Court directs the Respondent/Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual disbursement.

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7.With the above directions, this Writ Petition stands disposed of. No order as to costs.

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10.01.2025

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Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn

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