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Madras High CourtWP(MD)/2599/2024disposed of

Valliammal v. The Management Of

2024-02-07Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Valliammal ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Repreented by its Managing Director, Kumbakonam.

2.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Tiruchirappalli Region, Represented by its General Manager, Tiruchirappalli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum, for the period of delay from petitioner's husband date of last service (07.07.2021) to till the date of reimbursement (03.04.2023) of amount paid towards her husband's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned / Sick Leaves and other monetary benefits etc., within a 1/5

time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits. For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Jegadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 12% per annum, for the period of delay from petitioner's husband date of last service (07.07.2021) to till the date of reimbursement (03.04.2023) of amount paid towards her husband's terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned / Sick Leaves and other monetary benefits etc., within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

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

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3. The petitioner's husband was appointed in the respondent corporation as Mechanic on 05.03.1986. After completing 34 years of service, he died on 07.07.2021.

4. It is admitted that his terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement.

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of terminal benefits of the deceased husband of the petitioner. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 3/5

To 1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Division, Repreented by its Managing Director, Kumbakonam.

2.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Tiruchirappalli Region, Represented by its General Manager, Tiruchirappalli.

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L.VICTORIA GOWRI, J.

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