Madras High CourtWP(MD)/15826/2023allowed

Maragatham. R v. The General Manager

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

1 W.P.(MD)NO.15826 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.15826 of 2023 R.Maragatham ... Petitioner Vs.

1. The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Dindigul Region, Dindigul.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... 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 @ 6% p.a.,for the period of delay from 14.05.2021 to 13.03.2023 in paying the amounts paid towards the terminal benefits within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.M.Xavier For R-1 : Mr.S.Raja, Standing Counsel.

For R-2 : Mr.S.C.Herold Singh, Standing Counsel.

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2 W.P.(MD)NO.15826 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner's husband worked as Special Grade Conductor in the respondent Corporation. While on service, he died on 14.05.2021 due to ill health. 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. 30.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.15826 OF 2023 To:

1. The General Manager, Tamil Nadu State Transport Corporation (MDU) Ltd., Dindigul Region, Dindigul.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

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4 W.P.(MD)NO.15826 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15826 of 2023 30.06.2023 4/4