M.Mathivanan, Staff No.A10831, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Writ Petition No.9278 of 2017 M.Mathivanan ... Petitioner Vs
1. The Principal Secretary to Government, Transport Department, Fort.St.George, Chennai-600 009.
2. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai, Chennai-600 002. ... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to disburse the retirement benefits, viz., Earned Leave Surrender Salary Amount of Rs.3,95,000/- and the total comes to Rs.3,95,000/- (Rupees Three Lakhs Ninety Five Thousand Only) with 18% interest on delayed payment to the petitioner the Senior Trades Man Staff No.A10831 who has retired from service on 31.05.2013.
For Petitioner :
Mr.D.Veerasekaran For Respondents :
Mr.K.Dhanajeyan Special Government Pleader for R1 : Mr.P.Paramasivadoss for R2
ORDER
The writ petitioner served as a Senior Trandes Man in Metropolitan Transport Corporation (Chennai) Ltd., and retired from service on attaining the age of superannuation on 31.05.2013. He retired as Senior Trades Man and the learned counsel for the writ petitioner states that till today, the terminal benefits are not disbursed to the writ petitioner without any valid reasons and that the writ petitioner was allowed to retire from service and his entitlement for terminal benefits are not paid till today.
2. Learned counsel appearing for the respondents / Corporation pleads that due to financial crunch they are unable to pay the terminal benefits due to his employees.
3. The terminal benefits are right of an employee. A Senior Trades Man who was serving in the Corporation for more than two decades, is entitled for his livelihood. It does not mean a mere life and it includes decent life as ensured under Article 21 of the Constitution of India.
4. The terminal benefits are not bounty and it is a deferred portion of wages for the services rendered by an employee. Hence, non payment of terminal benefits to the employees without any valid reason, is no doubt, a violation of right to Life enshrined under Article 21 of the Constitution of India. The State being a modal employer, has to settle the benefits to its employees and immediately after their retirement and it is the duty mandated on the part of the State to settle the terminal benefits. Therefore, this Court is of the view that batch of writ petitions are filed before this Court seeking direction to pay terminal benefits and the attitude of the respondents driving the retired employees to approach this Court under Article 226 of the Constitution of India, is deprecated.
5. In view of the above, this Court is inclined to follow earlier directions granted by this Court and by following the terms stated therein. Accordingly, the Writ Petition stands disposed of and the respondents are directed to disburse the aforementioned retiral benefits to the petitioner herein, in eight equal monthly instalments with effect from August 2017, in the light of the common judgment passed by this Court in W.A. (MD)Nos.383 to 457 of 2015 (K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep. by its Managing Director, Madurai and others) dated 12.06.2015. It is also made clear that the first instalment shall commence from August 2017. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jer
To
1. The Principal Secretary to Government, Transport Department, Fort.St.George, Chennai-600 009.
2. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai, Chennai-600 002.
+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.46390 +1cc to Mr.P.Paramasivadoss, Advocate, S.R.No.46540 Writ Petition No.9278 of 2017 CS IV CA(19/07/2017)