Madras High CourtWP(MD)/19691/2023disposed of

Latha.K v. The Management

2023-08-14Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Latha ... Petitioner Vs The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep by its General Manager, Dindigul.

... Respondent 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 percentage per annum, for the period of delay 11.04.2021 to 26.03.2023 in paying the amounts paid towards her deceased husband's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of leave within a time frame as may be fixed by this Court.

For Petitioner : Mr.S. Arunachalam For Respondent : Mr.Gladson Michael Rajadurai Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondents to pay petitioner, interest at the rate of 6 percentage per annum, for the period of delay 11.04.2021 to 26.03.2023 in paying the amounts paid towards her deceased husband's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of leave, within a time frame as 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 Junior Trades man by the respondent Corporation on 28.10.1988. He retired from service on 10.04.2021.

4. It is admitted that her deceased 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 husband's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of leave. 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.

14.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 14.08.2023 4/4