M.Jayabaradhi v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Jayabaradhi ... Petitioner Vs.

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

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.

... 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 V.Murugan 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.

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For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

The present writ petition has been filed seeking direction to the respondent to settle interest at the rate of 6% per annum for the belated payment of terminal benefits of the petitioner's husband Late V.Murugan 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 Selection Grade Tradesman in the respondent Corporation. While in service, he passed away on 08.02.2021. 2/5

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.

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 to till the date on which the said benefits were settled to her. 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.

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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Karaikudi.

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L.VICTORIA GOWRI, J.

BTR 22.09.2023 5/5