Madras High Court
S.Rajendran vs The Managing Director on 11 April, 2022
W.P.(MD) Nos.15947 and 15948 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) Nos.15947 and 15948 of 2019
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
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W.P.(MD) Nos.15947 and 15948 of 2019
disburse the earned leave salary for 57 days and 93 ½ 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
******
COMMONORDER
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 ½ 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.
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W.P.(MD) Nos.15947 and 15948 of 2019
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
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W.P.(MD) Nos.15947 and 15948 of 2019
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, 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.15947 and 15948 of 2019
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.
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W.P.(MD) Nos.15947 and 15948 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) No.15947 and 15948 of 2019
11.04.2022
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