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Madras High CourtWP(MD)/19541/2021allowed

Arockia Jeyarani.A v. The Tamil Nadu State Transport

2021-10-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR A.Arockia Jeyarani ... Petitioner -vs1.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., rep.by its Managing Director Kumbakonam 2.The General Manager The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region Karaikudi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to settle interest at the rate of 6% per annum for the belated payment of terminal benefits of petitioner's husband Late.M.Irudayaraj, including Gratuity, earned leave salary and provident fund from the date of his retirement to till the date on which the said benefits were settled.

For Petitioner :

Mr.Rahul.A.

For Respondents :

Mr.P.Balasubramanian, Standing Counsel

O R D E R

The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents to settle interest at the rate of 6% per annum for the belated payment of terminal benefits, including Gratuity, earned leave salary and provident fund, payable to the petitioner's husband Late.M.Irudayaraj from the date of his death till the date of settlement.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. The petitioner's husband was an employee of the respondent Transport Corporation and he passed away on 18.10.2019 while he was in service. The respondents have settled the terminal 1/3

benefits to the petitioner only in the month of January, 2021.

4. According to the petitioner, the issue involved in the present writ petition is that the respondents have settled the aforesaid amount belatedly, after a delay of more than one year and they have also not paid interest for the belated payment to the petitioner. Hence, the petitioner has made a representation to the concerned Authorities to pay interest at the rate of 6% per annum. The petitioner has also relied on the decision of the earlier writ petition of this Court in W.P.(MD)No.19950 of 2020 dated 04.01.2021, J. Gurumoorthy vs TNSTC (Kumbakonam) Ltd. In the above referred decision, this Court has fixed the rate of interest at 6% per annum for the belated payment of retirement benefits. On the same line, orders to be in the present writ petition.

5. The learned Standing Counsel appearing for respondents would submit that the respondents have settled the terminal benefits to the petitioner belatedly. Therefore, the petitioner is entitled for interest as decided in the earlier writ petition of this Court in W.P.(MD).No.19950 of 2020.

6. In the light of the above observations and with the consent of both parties, there shall be a direction to the respondents to pay the penal interest at the rate of 6% per annum on the belated payment of the terminal benefits for the period from the date of death of the petitioner's husband till the date of actual disbursement, as expeditiously as possible and in any event, within a period of four months from the date of receipt of a copy of this order, subject to the condition that if the petitioner has not already given up her right for claiming interest for the terminal benefits.

7. Accordingly, the writ petition is allowed. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk/mnr 2/3

TO 1.The Managing Director The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam 2.The General Manager The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region Karaikudi +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-33293[F] dated 29/10/2021 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-33407[F] dated 01/11/2021 ) 29.10.2021 SR(CO) KB(17.11.2021) 3P 5C 3/3