Anbumani .G v. The Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Anbumani ... Petitioner Vs 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Represented by its Managing Director, Tirunelveli.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to settle interest at the rate of 6 percent per annum for the belated payment of terminal benefits of petitioner's husband Late S.Ganesan including Provident Fund, Gratuity from the date of his death to till date on which the said benefits were settled to the petitioner.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The writ petitioner's husband joined the respondent Corporation as Conductor. He died on 03.10.2020. 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. 05.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA 2/4

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

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

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G.R.SWAMINATHAN, J.

MGA 05.04.2023 4/4