Gandhimathi. V v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Gandhimathi ... Petitioner Vs.
1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Represented by its General Manager, Trichy.
2.The Administrator, The 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 01.08.2022 to 30.05.2023 in paying the amounts paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned Leaves and Commutated Value of Pension. 1/4
For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Jagadeesh Balan Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents to pay the petitioner's interest at the rate of 6% per annum, for the period of delay from 01.08.2022 to 30.05.2023 in paying the amounts paid towards the terminal and pension benefits namely EPF Employee's Contribution, Gratuity, Encashment of Earned Leaves and Commutated Value of Pension.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was employed as Non ITI Helper by the respondent Corporation on 29.08.1998. She retired from service on 31.07.2022. 2/4
4. It is admitted that her 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 stands allowed by directing the respondent Corporation to pay interest at the rate of 6% per annum for belated settlement of petitioner'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. There shall be no order as to costs.
06.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No BTR 3/4
L.VICTORIA GOWRI, J.
BTR To 1.The General Manager, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.
2.The Administrator, The Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
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