Madras High CourtWP(MD)/15947/2019disposed of

S.Rajendran v. The Managing Director

2022-04-11Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Rajendran ... Petitioner in W.P(MD).No.15947 of 2019 S.Mohamed Nazeer ... Petitioner in W.P(MD).No.15948 of 2019 Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kum) Limited, Karaikudi Region, Maruthupandi, Managiri, Karaikudi-630 307 ... Respondents in both petitions Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to disburse the earned leave salary for 57 days and 93 1⁄2 days surrendered from the year 2011 together with interest at the rate of 18% per annum from the date of petitioner's retirement to till the date of actual payment by the respondents by considering the petitioners representation dated 22.06.2019 and 22.05.2019 in the light of the order dated 17.09.2018 passed by this Court in W.P. (MD).No.19051 of 2018 batch.

In both petitions For Petitioner :

Mr.S.P.Vijay Nivas For Respondents :

Mr.D.Sivaraman Standing Counsel

C O M M O N O R D E R The relief sought for in the present Writ petitions is to direct the respondents to disburse the earned leave salary for 57 days and 93 1⁄2 days surrendered from the year 2011 together with interest at the rate of 18% per annum from the date of petitioners retirement till the date of actual payment by the respondents, by considering the petitioners representation dated 22.06.2019 and 22.05.2019 in the light of the order dated 17.09.2018 passed by this Court in W.P.(MD).No.19051 of 2018.

2. The issues raised in these writ petitions are no more res integra as the employees are entitled for interest which is affirmed 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 order cited supra, the respondents are directed to consider the case of the petitioner(s), as per the service records and eligibility, and take a decision and pass

appropriate orders as expeditiously as possible. Accordingly, the Writ Petitions stand disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2.The General Manager, Tamil Nadu State Transport Corporation (Kum) Limited, Karaikudi Region, Maruthupandi, Managiri, Karaikudi-630 307.

+2 CC to M/s.D. SIVARAMAN, Advocate ( SR-18325[F] & SR-18326[F] dated 12/04/2022 ) W.P.(MD) No.15947 and 15948 of 2019 11.04.2022 MGJ(28.04.2022) 3P 5C