Chandra.V v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Chandra ... Petitioner Vs The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Region, Represented by its General Manager, Thirunelveli.

... 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 rate of 6 percent per annum for the period of delay from 30.07.2019 to 22.01.2021 in paying the amounts paid towards the terminal benefits namely EPF, Gratuity and Encashment of Earned / Sick Leaves of her deceased husband / employee (Late) N T.Vijayaramu, Staff No. 6843, within a time frame as may be fixed this Court and without affecting the right to claim balance amounts towards those benefits.

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For Petitioner : Mr.S.Arunachalam For Respondent : 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 29.07.2019. However, his terminal benefits were settled only on 22.01.2021. It is well settled that for such belated settlement, the employee is entitled to interest. I therefore direct the respondent Corporation to pay 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. 20.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To The General Manager, Management of Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Region, Thirunelveli.

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G.R.SWAMINATHAN, J.

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