Indrani M v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Indirani ... Petitioner Vs The Management of Tamil Nadu State Transport Corporation(Madurai) Ltd, Dindigul Region, Represented by its General Manager, Dindigul.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest at the rarte of 6 percent per annum, for the period of delay from 29.08.2020 to 01.12.2022, in paying the amounts paid towards the terminal benefits namely EPF, Gratuity and Encashment of Earned/Sick Leaves of her deceased husband/empoyee (Late) R.Manickam, Staff No. 52019, within a time frame as may be fixed by this Court and without affecting the right to claim balance amounts towards those benefits. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah Standing Counsel 1/3

ORDER

Heard the learned counsel on either side.

2. The writ petitioner's husband joined the respondent Corporation as Driver. He died on 28.08.2020. However, his terminal benefits were settled only on 01.12.2022. It is well settled that for such belated settlement, the employee is entitled to interest. I therefore direct the respondent Corporation to pay the interest to the writ petitioner computed at the rate of 6% per annum on the belated disbursement from the date of immediately after the death of her husband till date of settlement. The interest amount shall be paid within a period of twelve weeks from the date of receipt of a copy of this order.

3. This writ petition is allowed. There shall be no order as to costs. 10.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To The General Manager, Management of Tamil Nadu State Transport Corporation(Madurai) Ltd, Dindigul Region, Dindigul.

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G.R.SWAMINATHAN, J.

MGA 10.04.2023 3/3