Asha Baby D v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.15921 of 2023 D.Asha Baby ... Petitioner Vs.

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum for the period of delay from the last date of service (29.11.2021) to till the date of reimbursement (31.05.2023) 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.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay interest at the rate of 12% per annum for the period of delay from the last date of service (29.11.2021) to till the date of reimbursement (31.05.2023) of amount paid towards the petitioner's husband'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.

2. Heard the learned counsel on either side.

3. The petitioner's husband was employed as a Helper in the respondent Corporation on 01.12.2009 and while he was serving as senior Non ITI Helper, he died on 29.11.2021. 2/5

4. It is admitted that the petitioner's husband's terminal benefits were not settled immediately but only belatedly. The only question that arises for consideration is as regards the rate of interest payable on the belated settlement.

5. The issue raised in this writ petition was already decided by this Court vide order, dated 07.03.2023 in W.P(MD)No.4866 of 2023 (C.Murugan Vs.

The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., & Another).

6. In view of the above, this Writ Petition is allowed by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of petitioner's husband's terminal benefits. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 01.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes ps 3/5

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

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

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L.VICTORIA GOWRI, J.

ps W.P.(MD)No.15921 of 2023 01.08.2023 5/5