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Madras High CourtWP(MD)/9567/2023allowed

Krishnapriya.P v. The Managing Director

2023-04-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Krishna Priya ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, Virudhunagar Region, Virudhunagar - 626 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay 6 percent interest for the belated payment of Terminal benefits such as P.F., Gratuity and Leave Salary payable to her from the date of her husband death on 22.05.2021 to till the date of actual payment made to her i.e. 13.03.2023 and all other attendant benefits to her within the stipulated period. 1/4

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.S.Gladson Micheal Rajadurai 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 22.05.2021. However, his terminal benefits were settled only on 13.03.2023. 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. 24.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Managing Director, Tamil Nadu State Transport Corporation Limited, Madurai Division, Bye Pass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation Limited, Virudhunagar Region, Virudhunagar - 626 001.

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G.R.SWAMINATHAN, J.

MGA 24.04.2023 4/4