P.Kulanthaivelu v. M/S. State Express Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :02.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.19820 of 2017 S.Kulandaivelu .. Petitioner Vs The State Express Transport Corporation Ltd., Rep.by its Managing Director, No.2, Pallavan Salai, Chennai 600 002.
.. Respondent PRAYER : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus directing the respondent to revise the salary of the petitioner as per wage settlement and pay the consequential benefits of gratuity, Earned Leave, Medical leave surrender amount, Commutation of pension amount, Commutation difference amount of Rs.77,964/- and difference in Grade pay with effect from 01.09.2013 with interest at the rate of 6% per annum by considering my representation dated 31.12.2016.
For Petitioner : Mr.D.Soundar Raj For Respondents : Mr.P.Kannan Kumar
O R D E R
The writ petitioner served as Traffic Inspector at State Express
Transport Corporation Ltd., Chennai and after completion of 35 years of service, retired from service on 30.04.2015, 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 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 writ petition is filed before this Court seeking direction to pay terminal benefits and the attitude of the respondent driving this retired employee 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 respondent is 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.
02.08.2017 S.M.SUBRAMANIAM,J.
sk To The Managing Director, The State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai 600 002.
W.P. No. 19820 of 2017
02.08.2017