D.Gnanasekaran, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.18586 of 2017 D.Gnanasekaran .. Petitioner Vs 1.The State of Tamil Nadu rep. by its Principal Secretary Transport Department Secretariat, Fort St.George Chennai 600 009.
2.The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai - 600 002.
.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, directing the second respondent to disburse the retirement benefits with interest as described in the petitioner's representation dated 17.02.2017. For Petitioner : Mr.A.Murugan For Respondents: Mr.C.C.Rangarajan -R1 Special Govt. Pleader Mr.P.Paramasivadoss - R2
O R D E R
The writ petitioner served as SG. SR. Tradesman in State Transport Corporation Ltd., (Express), Chennai and after completion of 32 years of service, retired on attaining the age of superannuation on 31.08.2014, 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 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 right of an employee to lead his livelihood. An employee who served 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 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 twelve equal monthly installments, 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 installment shall commence from 01.09.2017. There shall be no order as to costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rkp
To 1.The Principal Secretary, Transport Department Secretariat, Fort St.George Chennai 600 009.
2.The Managing Director, State Express Transport Corporation (TN) Ltd., Chennai - 600 002.
+ 1 cc to Government Pleader Sr.52005 W.P. No.18586 of 2017 AR-J EU 17.08.17