E.Gowri v. The Tamil Nadu State Transport Corporation (Villupuram) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH E. Gowri ... Petitioner Vs.

1.The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by the Managing Director, 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by the General Manager, Vellore Regional Office, Rangapuram, Vellore - 632 009.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay interest amounts to the petitioner for the belatedly paid Service Gratuity, Provident Fund and the Leave liability at the rate of 6% per annum for 8 months of delayed payment on lines with the order dated 19.01.2021 made in WP.No.15886 of 2020.

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For Petitioner : Mr.N. Ishak For Respondents : Mr.R.Venkatesha Perumal Standing Counsel

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein is the wife of the deceased employee namely B. Elangovan, who died while in service on 26.10.2021. However, the terminal benefits of the petitioner's husband came to be settled belatedly and the respondents have not paid the interest for the belated payment, for which she has given representation on 10.05.2023, which is yet to be considered.

3. This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 4% per annum. In this background, this Court is of the view that the petitioner would be 2/4

entitled for interest at the rate of 4% per annum on the belated payment of the terminal benefits of her deceased husband.

4. In the light of the above observations, there shall be a direction to the first respondent herein, to pay interest at the rate of 4% per annum on the belated payment of the terminal benefits from the date of the death of the deceased employee till the date of actual payment, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

07.06.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Valudhareddy Post, Villupuram - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Regional Office, Rangapuram, Vellore - 632 009.

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