Vellaichamy .S v. Tamil Nadu State Transport Corporation Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Vellaichamy ... Petitioner Vs.
1.Tamil Nadu State Transport Corporation Limited, Rep.by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 004.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to pay the Service Surrender Leave Salary amount of Rs.1,35,928/- payable to the petitioner for the period from 2010 to 2016, together with 6% interest from the date of his retirement (i.e.,) 30.06.2017 to till the date of payment and all other attendant benefits to him within the stipulated period.
For Petitioner :
Mr.A.K.Thangavelu For Respondents :
Mr.J.Senthil Kumariah Standing Counsel
O R D E R
The relief sought for in the present Writ petition is to direct the respondents to pay the Service Surrender Leave Salary amount of Rs.1,35,928/- for the period from 2010 to 2016, together with 6% interest from the date of his retirement (i.e.,) 30.06.2017 till the date of payment and all other attendant benefits to the petitioner within the stipulated period.
2. The issues raised in this writ petition are no more res integra as the employees are entitled for interest which is affirmed 1/3
by the Hon'ble Division Bench of this Court. This Court has considered the said position in W.P(MD).No.11564 of 2018 dated 28.04.2018 and the relevant paragraphs are extracted hereunder:-
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 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 01.06.2018. However, there shall be no order as to costs.
3. In view of the above judgment cited supra, the respondents are directed to consider the case of the petitioner, as per the service records and eligibility, and take a decision and pass appropriate orders as expeditiously as possible. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.
Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 2/3
To 1.Tamil Nadu State Transport Corporation Limited, Rep.by its Managing Director, Madurai Division, Bye Pass Road, Madurai-625 016.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 004.
+1 CC to M/s.A.K. THANGAVELU, Advocate ( SR-18416[F] dated 13/04/2022 ) +1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-18784[F] dated 13/04/2022 ) 11.04.2022 RD(25.04.2022) 3P 5C 3/3