E.Kesavan, v. The Secretary To Goverment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.10451 of 2017 E.Kesavan .. Petitioner Vs 1.The Secretary to Government Tamil Nadu Transport Department Fort St.George, Secretariat, Chennai 600 009.
2.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region Kancheepuram.
3.The General Manager, TamilNadu State Transport Corporation(Villupuram)ltd., Kancheepuram Region, kancheepuram.
.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, to direct the respondents to settle the petitioner's retirement benefits including gratuity commutation, leave surrender and voluntary retirement compensation of Rs.22,917/- which was calculated from 10.06.2013 vide Lr.no.714/06/BM-UKD/ TNSTC (VPM)/KPM/13. For Petitioner : Mr.G.Sivakumar For Respondents : Mr.J.H.Iniyan - R1 Mr.P.Kannan Kumar - R2 & R3
O R D E R
The writ petitioner served as Special Grade Conductor at Tamil Nadu State Transport Depot in Uthukottai and after completion of 30 years of service, voluntarily retired from service on 10.06.2013, 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 voluntarily retire from service and his entitlement for terminal benefits are not paid till today.
2. Learned counsel appearing for the respondent / Corporation pleads that due to financial crunch they are unable to pay the terminal benefits due to his employees.
3. The terminal benefits are the right of an employee to lead his livelihood. An employee who was serving in the Corporation for more than three decades, is entitled for his livelihood. Life does not mean a mere animal 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, 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 these 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 twelve equal monthly instalments, 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 01.09.2017. There shall be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpa
To 1.The Secretary to Government Tamil Nadu Transport Department Fort St.George, Secretariat, Chennai 600 009.
2.The Managing Director Tamilnadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region Kancheepuram.
3.The General Manager, TamilNadu State Transport Corporation(Villupuram)ltd., Kancheepuram Region, kancheepuram.
+1cc to Government Pleader SR.No.46890 +2cc to M/s.P.Kannan Kumar, Advocate SR.No.47011,47785 W.P. No. 10451 of 2017 GN(12/07/2017)