Madras High Court
K.Velayudhan vs Tamil Nadu State Transport ... on 11 April, 2022
W.P.(MD) Nos.6068 to 6072 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) Nos.6068 to 6072 of 2022
K.Velayudhan ... Petitioner in W.P(MD).No.6068 of 2022
C.Babu ... Petitioner in W.P(MD).No.6069 of 2022
N.Sasi ... Petitioner in W.P(MD).No.6070 of 2022
S.Manoharan ... Petitioner in W.P(MD).No.6071 of 2022
A.P.Radhakrishnan ... Petitioner in W.P(MD).No.6072 of 2022
Vs.
1.Tamil Nadu State Transport Corporation Limited,
Rep.by its Managing Director,
Thirunelveli Division, K.T.C.Nagar,
Thirunelveli-627 011.
2.The General Manager,
Tamil Nadu State Transport Corporation Limited,
Nagercoil Region, Rani Thottam,
Nagercoil,
Kanyakumari-629 001. ... Respondents in all petitions
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W.P.(MD) Nos.6068 to 6072 of 2022
Petitions filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents to pay
6% interest for the belated payment of terminal benefits of P.F.Gratuity and
unavailed Leave salary payable to the petitioners from the date of their
retirement (i.e.,) 31.05.2018, 31.03.2020, 31.05.2019, 31.03.2019 to till the
date of actual payment made to them (i.e.,) 13/14.09.2019, 02.06.2021,
27.01.2021, 24.09.2019, 23/24.09.2019 and all other attendant benefits to
them within the stipulated period.
In all petitions
For Petitioner : Mr.A.K.Thangavelu
For Respondents : Mr.R.Rajamohan
Standing Counsel
******
COMMONORDER
The relief sought for in the present Writ petitions is to direct the
respondents to pay 6% interest for the belated payment of terminal benefits
of P.F.Gratuity and unavailed Leave salary payable to the petitioners from
the date of their retirement (i.e.,) 31.05.2018, 31.03.2020, 31.05.2019,
31.03.2019 till the date of actual payment made to them (i.e.,)
13/14.09.2019, 02.06.2021, 27.01.2021, 24.09.2019, 23/24.09.2019 and all
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W.P.(MD) Nos.6068 to 6072 of 2022
other attendant benefits to them within the stipulated period.
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
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W.P.(MD) Nos.6068 to 6072 of 2022
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 petitioners, 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.
11.04.2022
ssb
Index:Yes
Internet:Yes
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W.P.(MD) Nos.6068 to 6072 of 2022
To
1.Tamil Nadu State Transport Corporation Limited,
Rep.by its Managing Director,
Thirunelveli Division, K.T.C.Nagar,
Thirunelveli-627 011.
2.The General Manager,
Tamil Nadu State Transport Corporation Limited,
Nagercoil Region, Rani Thottam,
Nagercoil,
Kanyakumari-629 001.
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W.P.(MD) Nos.6068 to 6072 of 2022
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) Nos.6068 to 6072 of 2022
11.04.2022
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