R.Nagamani, v. The Tamilnadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3131 of 2017 R.Nagamani ... Petitioner vs.
1. The Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep. by its Managing Director, Madurai.
2. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to forthwith pay death cum terminal benefits of petitioner's husband late O.Rajangam including Gratuity Terminal Earned Leave Salary and Provident Fund with interest at the rate of 18% per annum from the date of death of her husband to till the date on which the above amounts are settled to her within the time limit that may fixed by this Honble Court may deem fit. For Petitioner : Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian
O R D E R
The petitioner is the wife of the deceased employee, namely, O.Rajangam, employed as Driver in the 1st respondent Corporation, who died on 29.04.2016.
2.She has filed this writ petition seeking for a direction to the respondents to pay death cum terminal benefits of petitioners husband late O.Rajangam including Gratuity Terminal Earned Leave Salary and Provident Fund with interest at the rate of 18% per annum from the date of her husband to till the date on which the above amounts are settled to her https://hcservices.ecourts.gov.in/hcservices/
3. Learned counsel for the respondents would submit that subject to production of the relevant documents, the amount would be
settled to the petitioner.
4. In these circumstances, this writ petition is disposed of with the following directions:- i) A direction is issued to the transport corporation to settle the terminal benefits of the husband of the petitioner that are yet to be settled to the petitioner in twelve equal monthly instalments and the 1st installment shall have to commence with effect from April, 2017 or within a period of four weeks from the date of production of the required documents, whichever is later and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding month;
ii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment in W.A.(MD) Nos.383 to 457 of 2015. In case of delay in making instalments, the interest payable could be 18% for the delayed period;
iii) If the petitioner has any further grievance, she is entitled to agitate the same as per law. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:
1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.
2. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.
+ 1 CC TO Mr.A.RAHIL, ADVOCATE IN SR No. 10706 AR TE/GT : 08/03/2017 : 2P/4C W.P(MD)No.3131 of 2017 23.02.2017 https://hcservices.ecourts.gov.in/hcservices/