Madras High Court
Tamil Nadu Civil Supplies ... vs S.Manimozhi on 23 September, 2021
Writ Appeal No.2462 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
Writ Appeal No.2462 of 2021
Tamil Nadu Civil Supplies Corporation
rep. by its Managing Director,
10, Thambuswamy Road,
Chennai 10. ...
Appellant
vs.
S.Manimozhi ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 17.10.2019 passed by this Court in W.P.No.29668 of 2019.
For Appellant : Mr.S.Silambanan,
Additional Advocate General
assisted by
Mr.A.Govindaraj,
Standing Counsel
For Respondent : Mr.S.Venkataraman
*****
Page No.1 of 7
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Writ Appeal No.2462 of 2021
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
The present Appeal has been preferred against the order dated
17.10.2019 passed by the learned Single Judge in W.P.No.29668 of 2019.
2. According to the Appellant, the Respondent/Writ Petitioner, who
was holding the post of Deputy Manager (Movement) in the
Appellant/Corporation at Chennai North Region, was issued a Charge Memo
dated 24.02.2015, alleging excess payment of transport charges, loading and
unloading charges and toll charges in the internal movement of commodities
and she was allowed to retire on 28.02.2015, without prejudice to recovery, if
any. Pursuant thereto, enquiry was held and Enquiry Report was submitted.
In the departmental enquiry, the Authority has passed an order imposing
punishment of stoppage of increment with cumulative effect for two years,
with a further direction to recover the amount of increment from the terminal
benefits.
3. It is the contention of the learned counsel for the Writ Petitioner
before the learned Single Judge that, Gratuity and other terminal benefits
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Writ Appeal No.2462 of 2021
cannot be withheld and it is a property within the meaning of Article 300-A of
the Constitution of India and that, terminal benefits have to be paid. He has
further stated that, apart from denial of terminal benefits like Gratuity and
encashment of Earned Leave to the Writ Petitioner, she was imposed recovery
of Rs.12,09,589/-.
4. It is submitted by the learned Additional Advocate General
appearing for the Appellant that, the learned Single Judge has allowed the
Writ Petition on the ground that, Pension, Gratuity and encashment of Earned
Leave is a 'property' which cannot be deprived. He went on to state that, all
the terminal benefits due to the Writ Petitioner except encashment of Earned
Leave have been paid and after filing of the Contempt Petition, amount
towards encashment of Earned Leave has also been settled to the Writ
Petitioner. It is his contention that, as there is a financial loss caused to the
Appellant/Corporation, they are entitled to recover the amount, for which, a
Civil Suit has been filed.
5. Learned Additional Advocate General drew the attention of this
Court to the Undertaking dated 11.02.2015 given by the Respondent/Writ
Petitioner to the Appellant/Corporation and the same is extracted hereunder:
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Writ Appeal No.2462 of 2021
“ehd; 28/02/2015y; taJ Kjph;tpd;
fhuzkhf gzp Xa;g[ bgw cs;nsd;/ tUk;
fhy';fspy; vdJ bgahpy; gzg;gpoj;j
epYit VnjDk; ,Ue;jhYk; mjida[k;.
jzpf;if bra;ag;glhj fhyj;jpy;
gzg;gpoj;jk; epYit ,Ue;jhYk;. mjid
vdf;F mspf;fg;gl ntz;oa <l;oa tpLg;g[
xg;g[tpg;g[ bjhifapy; gpoj;jk; bra;J
bfhs;s ,f;fojk; K:yk; KGrk;kjk;
bjhptpj;Jf; bfhs;fpnwd;/”
6. Benefits bestowed by Law on an employee in recognition of his
committed continuous loyal and devoted duty, by payment of Pension,
Gratuity, Leave Salary, etc. are in the nature of property. This right to
property cannot be taken away without following due process of law, as right
to property has been recognized under Article 300-A of the Constitution of
India.
7. It is an accepted position that, Gratuity and Pension are not
bounties. The concern expressed by the Apex Court that, retirement dues
must be paid in time, is reflected in the case of Dr.Uma Agarwal vs. State of
U.P., (1999) 3 SCC 438. For better appreciation, relevant portion of the said
decision is extracted hereunder:
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Writ Appeal No.2462 of 2021
“... grant of pension is not a bounty but a right of
the Government Servant. The Government is obliged to
follow the Rules mentioned in the earlier part of this
order in letter and in spirit. Delay in settlement of retiral
benefits is frustrating and must be avoided at all costs.
Such delays are occurring even in regard to family
pensions for which too there is a prescribed procedure.
This is indeed unfortunate. In cases where a retired
Government Servant claims interest for delayed payment,
the Court can certainly keep in mind the time-schedule
prescribed in the Rules/Instructions apart from other
relevant factors applicable to each case.”
8. The Apex Court in the case of Steel Authority of India Ltd. vs.
Raghbendra Singh, (2020 SCC Online SC 1063), has held that, Gratuity
need not be released, if any amount is payable by the employee to the
employer. In the present case on hand, Gratuity has been released and hence,
the question of retaining it does not arise.
9. As there is a Civil Suit initiated by the Appellant herein which is
pending as O.S.No.5782 of 2019 before the City Civil Court, Chennai, this
Court directs the City Civil Court, Chennai to take up the Suit and
proceed with the hearing of the case on a day-to-day basis without
adjourning the same beyond 15 working days at any point of time.
Except the above direction, no further orders are required in this Writ Appeal,
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Writ Appeal No.2462 of 2021
as the amount due to the Writ Petitioner has already been disbursed to her. It
is made clear that, the order in the Writ Appeal cannot be put against the
Appellant.
The Writ Petition stands disposed of accordingly. No costs.
Consequently, connected C.M.P.No.15840 of 2021 is closed.
[S.V.N.,J.] [A.A.N.,J.]
23.09.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/aeb)
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Writ Appeal No.2462 of 2021
S.VAIDYANATHAN,J.
AND
A.A.NAKKIRAN,J.
(aeb)
Judgment in
W.A.No.2462 of 2021
23.09.2021
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