Madras High Court
V.Ravichandran vs The Managing Director on 11 April, 2022
W.P.(MD) Nos.14929 & 14930 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.14929 & 14930 of 2019
V.Ravichandran ... Petitioner in W.P(MD).No.14929 of 2019
G.Ramasamy ... Petitioner in W.P(MD).No.14930 of 2019
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) 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,
Maruthupaathi, Managiri,
Karaikudi-630 307. ... Respondents in both petitions
Prayer in W.P(MD).No.14929 of 2019:- Petition filed under Article 226 of
the Constitution of India praying for issuance of Writ of Mandamus,
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W.P.(MD) Nos.14929 & 14930 of 2019
directing the respondents to disburse the earned leave salary for 99 days
surrendered from the year 2011 together with interest at the rate of 18% per
annum from the date of the petitioner's retirement to till the date of actual
payment by the respondents, by considering the petitioner's representation
dated 12.06.2019 in the light of the order dated 17.09.2018 passed by this
Court in W.P(MD).No.16888 of 2018.
Prayer in W.P(MD).No.14930 of 2019:- Petition 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 28.5 days
surrendered from the year 2011 together with interest at the rate of 18% per
annum from the date of the petitioner's retirement to till the date of actual
payment by the respondents, by considering the petitioner's representation
dated 30.04.2019 in the light of the order dated 17.09.2018 passed by this
Court in W.P(MD).No.16888 of 2018.
In both petitions
For Petitioner : Mr.S.P.Vijay Nivas
For Respondents : Mr.D.Sivaraman
Standing Counsel
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W.P.(MD) Nos.14929 & 14930 of 2019
******
COMMONORDER
The relief sought for in the present Writ petitions is to direct the
respondents to disburse the salary of earned leave surrendered by the
petitioners from the year 2011 together with interest at the rate of 18% per
annum from the date of their retirement till the date of actual payment, by
considering the petitioners representation dated 12.06.2019 and 30.04.2019,
in the light of the order dated 17.09.2018 passed by this Court in
W.P(MD).No.16888 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
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W.P.(MD) Nos.14929 & 14930 of 2019
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.
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W.P.(MD) Nos.14929 & 14930 of 2019
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
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) 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,
Maruthupaathi, Managiri,
Karaikudi-630 307.
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W.P.(MD) Nos.14929 & 14930 of 2019
S.M.SUBRAMANIAM, J.
ssb
W.P.(MD) Nos.14929 & 14930 of 2019
11.04.2022
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