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Madras High CourtWP(MD)/15739/2023allowed

Beena v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,

2023-06-30Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15739 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15739 of 2023 Beena ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep. by its Managing Director, Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep. by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay interest @ 12% p.a. for the period of delay from the last date of service (07.06.2020) to till the date of reimbursement (15.12.2022) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of earned / sick leave and other monetary benefits etc. within a time frame as may be fixed by this Court, without affecting the petitioner's right to claim balance amounts towards those benefits.

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2 W.P.(MD)NO.15739 OF 2023 For Petitioner : Mr.R.Murugan For Respondents: Mr.K.Ramaiah, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner's husband worked as Conductor in the respondent Corporation. While on service, he died on 07.06.2020. However, his terminal benefits were settled only on 15.12.2022.

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.

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3 W.P.(MD)NO.15739 OF 2023 4.This writ petition is allowed accordingly. No costs. 30.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattabomman Nagar, V.M.Chathiram, Tirunelveli.

2. The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.

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4 W.P.(MD)NO.15739 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15739 of 2023 30.06.2023 4/4