P.Sornam v. The Tamil Nadu State Transport Corporation (Tirunelveli) Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND P.Sornam ... Petitioner Vs.

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

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to settle interest at the rate of 6% per annum for the belated payment of the terminal benefits of the petitioner's husband Late L.Pandaram including provident Fund, gratutity, leave salary from the date of his death to till the date on which the said benefits were settled to her.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel

O R D E R

This Writ Petition has been filed by the wife of the deceased employee seeking a writ of mandamus directing the respondents to settle interest at the rate of 6% per annum for the belated payment of the terminal benefits of the petitioner's husband including provident Fund, gratutity, leave salary from the date of his death to till the date on which the said benefits were settled to her.

2. The petitioner's husband was appointed as Conductor in the first respondent Corporation on 23.12.1992 and he retired from service on 28.02.2023. The learned counsel for the petitioner submits that the petitioner's husband terminal benefits was not settled immediately and there is an abnormal delay.

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue 2/5

was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of the petitioner's husband death, till date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

4. No costs.

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To:

1.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

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BATTU DEVANAND , J.

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