Shanthi.S.K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.K.Shanthi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

... 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 interest at the rate of 18% per annum for the belated payment of retirement benefits like Provident Fund, Earned Leave Salary and Gratuity amount and all other attendant benefits within the time limit that may be fixed by this Court.

For Petitioner : Mr.A.Balaji 1/4

For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the interest at the rate of 18% per annum for the belated payment of retirement benefits like Provident Fund, Earned Leave Salary and Gratuity amount and all other attendant benefits.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The petitioner's husband joined the respondent Corporation on 13.06.1995. While he was in service, he expired on 21.06.2021 due to illness.

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. 2/4

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 disposed of by directing the respondent Corporation 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. There shall be no order as to costs.

18.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR Note: Issue order copy on 21.07.2023.

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L.VICTORIA GOWRI, J.

BTR To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam.

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