Sumathi.M v. The Management Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD).No.18679 of 2023 M.Sumathi

...Petitioner

Vs.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its Managing Director, Trichy.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 05.08.2020 to 05.12.2022 in paying the amount towards his terminal benefits namely EPF Employees Contribution, Gratuity and Encashment of Earned leave and Family Welfare Fund payable for the services of her deceased husband / employee (late) T.Mayavan, Staff No. 92DR2133, within a time frame as may be fixed by this Court. 1/5

For Petitioner : Mr.s. Arunachalam For respondents : Mr.K.Jegadeesh Balan Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondents to pay the petitioner interest at the rate of 6% per annum, for the period of delay from 05.08.2020 to 05.12.2022 in paying the amount towards his terminal benefits namely EPF Employees Contribution, Gratuity and Encashment of Earned leave and Family Welfare Fund payable for the services of her deceased husband / employee (late) T.Mayavan, Staff No.92DR2133, within a time frame to be fixed by this Court.

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 was employed as Driver by the respondent Corporation on 04.11.1992. After completion of 28 years of service, her husband died on 04.08.2020 in middle of his service. 2/5

4. It is admitted that his 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 husband 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. 02.08.2023 Index : Yes / No Internet : Yes/ No trp 3/5

To The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. by its Managing Director, Trichy.

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L.VICTORIA GOWRI, J., trp W.P(MD).No.18679 of 2023 02.08.2023 5/5