Tamilselvi.K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Tamilselvi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

... 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 settle interest at the rate of 6% per annum for the belated payment of terminal benefits of the petitioner's husband Late Karuppasamy including Provident Fund, Gratuity and Leave Salary from the date of his death to till the date on which the said benefits were settled to her.

For Petitioner : Mr.A.Rahul For Respondents : Mr.S.Ramachandra Pradeep Standing Counsel 1/5

ORDER

The present writ petition has been filed seeking direction to the respondents to settle interest at the rate of 6% per annum for the belated payment of terminal benefits of the petitioner's husband Late Karuppasamy including Provident Fund, Gratuity and Leave Salary from the date of his death to till the date on which the said benefits were settled to her.

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 Tradesman in the respondent Corporation. While in service, he passed away on 06.11.2022.

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. 2/5

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 including Provident Fund, Gratuity and Leave Salary from the date of his death. 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. 13.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai.

2.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

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L.VICTORIA GOWRI, J.

BTR 13.09.2023 5/5