M.Mariammal v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023

CORAM

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

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

... 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 petitioner's husband Late Mageswara Santhana Krishnan including Gratuity, Terminal Leave Salary and Provident Fund from the date of his death to till the date on which the said benefits were settled.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Raja 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 14.08.2020. 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. 12.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA 2/4

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

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

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G.R.SWAMINATHAN, J.

MGA 12.04.2023 4/4