Shanthi. A v. The Management

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.14043 of 2024 A.Shanthi ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep.by its Managing Director, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 01.08.2019 to 24.01.2021 in paying the amounts paid towards the terminal/pension benefits, namely EPF employee's contribution, Gratuity, Encashment of Earned /Sick Leaves and Pension Commutation of her deceased husband/employee, Late 1/5

U.Arumugam, Staff No.86CR1037 within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For R1 : Mr.K.Jagadess Balan For R2 : Mr.S.C.Herold Singh

ORDER

The petitioner, who is the wife of the deceased employee, who retired from service on 31.07.2019 and died on 05.02.2020, has filed this writ petition seeking a Writ of Mandamus, directing the respondents to pay 6% interest for the belated payment of terminal benefits.

2.Heard Mr.S.Arunachalam, learned counsel for the petitioner, Mr.K.Jegadees Balan, learned counsel for the first respondent and Mr.S.C.Herold Singh, learned counsel for hte second respondent.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2/5

4. As per the submission of the learned counsel for the petitioner, the petitioner's husband's terminal benefits have been settled only on 24.01.2021 with the delay of more than two years.

5. Since the petitioner is in no way responsible for the delay caused in disbursing the said benefits, the respondent Transport Corporation shall pay interest to the petitioner for the period of delay between 01.08.2019 and 24.01.2021 at the rate of 6% per annum and disburse the same within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

01.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No ta 3/5

To 1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep.by its Managing Director, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

4/5

R.N.MANJULA , J.

ta W.P.(MD)No.14043 of 2024 01.07.2024 5/5