Madras High CourtWP(MD)/13015/2023allowed

Sathya.B v. The Managing Director

2023-06-06Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.13015 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13015 of 2023 B.Sathya ... Petitioner Vs.

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

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Madurai Region, Bye Pass Road, Maduria - 625 016.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, 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 the petitioner from the date of her husband death on 12.07.2021 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.

For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.S.Gladson Michael Rajadurai * * * 1/4

2 W.P.(MD)NO.13015 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner's husband worked as Senior Grade Driver in the respondent Corporation. He met with an accident and he was provided alternative employment as Non.I.T.I. Helper. While on service, he died on 12.07.2021 due to illness caused by the previous accident. However, his terminal benefits were settled only on 13.03.2023. 3.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 the petitioner's husband's death till the 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. 4.This writ petition is allowed accordingly. No costs. 06.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 2/4

3 W.P.(MD)NO.13015 OF 2023 To:

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

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Madurai Region, Bye Pass Road, Maduria - 625 016.

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4 W.P.(MD)NO.13015 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.13015 of 2023 06.06.2023 4/4