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Madras High CourtWP(MD)/10001/2025allowed

Bhuvaneshwari K v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

2025-04-09Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND K.Bhuvaneswari ... Petitioner Vs.

1.The TamilNadu State Transport Corporation (Kumbakonam) Limited, Rep. By its Managing Director, Kumbakonam.

2. The General Manager, The TamilNadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam-612 001.

3. Chief Financial Officer, The Tamilnadu State Transport Corporation (Kumbakonam) limited, Kumbakonam Region, Kumbakonam-612 001.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the interest at the rate of 18% per annum for the belated payment only after sudden demise of the petitioner's late husband's retirement benefits including Gratuity, Provident Fund and Earned Leave Encashment amount.

For Petitioner : Mr.D.Sivaraman For R1 to R3 : Mr.K.Jagadeesh Balan Standing Counsel

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to pay the interest at the rate of 18% per annum for the belated payment only after sudden demise of the petitioner's late husband's retirement benefits including Gratuity, Provident Fund and Earned Leave Encashment amount.

2. The petitioner was appointed as Non - ITI Helper in the respondent Corporation on 21.05.1992 and he died due to harness on 14.02.2022. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay. 2/5

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 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 respondent 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 retirement, till date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.

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6.There shall be no order as to costs.

09.04.2025 1/2 NCC:yes/no Index:yes/no Internet:yes/no LR To:

1.The TamilNadu State Transport Corporation (Kumbakonam) Limited, Rep. By its Managing Director, Kumbakonam.

2. The General Manager, The TamilNadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam-612 001.

3. Chief Financial Officer, The Tamilnadu State Transport Corporation (Kumbakonam) limited, Kumbakonam Region, Kumbakonam-612 001.

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BATTU DEVANAND , J.

LR 09.04.2025 1/2 5/5