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Madras High CourtWP(MD)/22018/2023disposed of

Virginia Violet Rani V v. The Management Of Tamilnadu State Transport Corporation (Kumbakonam) Limited

2023-09-11Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Virginia Violet Rani ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Represented by its General Manager, Trichy.

... 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 for at the rate of 18% per annum, for the periods of delay from 13.12.2020 to 27.10.2022 in paying the amount paid towards Family Welfare Fund and from 13.12.2020 to 01.12.2022 in paying the amounts paid towards EPF Employee's Contribution and Gratuity payable for the services of her decease husband / employee (late) S.Vincent Paulraj, Staff No.K2D920075, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Jegadeesh Balan Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondent to pay the petitioner interest for at the rate of 18% per annum, for the periods of delay from 13.12.2020 to 27.10.2022 in paying the amount paid towards Family Welfare Fund and from 13.12.2020 to 01.12.2022 in paying the amounts paid towards EPF Employee's Contribution and Gratuity payable for the services of her decease husband / employee (late) S.Vincent Paulraj, Staff No.K2D920075, within a time frame as may be fixed by this Court and without affecting his right to claim balance amounts towards those benefits.

2. Heard the learned counsel on either side.

3. The petitioner's husband was employed as Driver by the respondent corporation on 17.07.1992. While in service, he died on 12.12.2020.

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. 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 is disposed of by directing the respondent management to pay interest at the rate of 6% per annum for belated settlement of the Family Welfare Fund and the terminal benefits of the deceased husband of the petitioner. This shall be done within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. 11.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes gbg To The General Manager, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

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L.VICTORIA GOWRI, J.

gbg 11.09.2023 4/4