B.Gunasekaran, v. M/S.State Express Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.08.2017
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP.No.22656 of 2017 B.Gunasekaran
...Petitioner
Versus
State Express Transport Corporation Ltd., Rep.by its Managing Director No.2, Pallavan Salai Chennai 600 002.
...Respondent
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to settle the terminal benefits of the petitioner, Gratuity amount of Rs.7,05,752/-, surrender of Earned Leave of 197 days of Rs.3,09,579/- and Grade pay arrears amount of Rs.18,700/- for the period from 01.07.2016 to 31.05.2017, Social Security Scheme amount of Rs.30,000/-, Erode Engineering College and Perundurai Medical College amount of Rs.4,500/- and revise the pension taking into account of my Grade pay of Rs.4,300/- and altogether a sum of Rs.10,68,531/- with interest at the rate of 6% per annum by considering the representation of the petitioner dated 01.08.2017. For Petitioner : Mr.D.Soundar Raj For Respondent : Mr.P.Kannan Kumar
ORDER
The writ petitioner served as Checking Inspector at Tamil Nadu State Express Transport Corporation Ltd., in Chennai and after completion of 28 years of service, voluntarily retired from service on 31.05.2017, 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 01.11.2017. There shall be no order as to costs.
Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar dna
To The Managing Director State Express Transport Corporation Ltd., No.2, Pallavan Salai Chennai 600 002.
+ 1 cc to Mr. D. Soundar Raj, Advocate SR.62188 + 1 cc to Mr. P. Kannankumar, Advocate SR.61890 W.P.No.22656 of 2017 SK(CO) EU(09/10/2017)