Madras High Court
T.Sundara Dhas vs The Managing Director on 13 April, 2022
W.P.(MD)No.6062 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.6062 of 2022
T.Sundara Dhas ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport
Corporation Tirunelveli Limited,
Tirunelveli-627 003.
2.The General Manager,
Tamil Nadu State Transport
Corporation Tirunelveli Limited,
Nagercoil Region,
Ranithottam,
Nagercoil-1. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing first respondent to pay 12% per
annum amount of Rs.26,73,514/- for the delayed payment of retirement
benefits for 22 months from the date of retirement.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6062 of 2022
For Petitioner : Mr.G.Cenil
For Respondents : Mr.R.Rajamohan
Standing Counsel
ORDER
The relief sought for in the present Writ petition is to direct the
first respondent to pay 12% per annum amount of Rs.26,73,514/- for the
delayed payment of retirement benefits for 22 months from the date of
retirement.
2. The issues raised in this writ petition 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
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6062 of 2022
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)No.6062 of 2022
3. In view of the above judgment cited supra, the first respondent
is 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 Petition stands disposed
of. However, there shall be no order as to costs.
13.04.2022
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Managing Director,
Tamil Nadu State Transport
Corporation Tirunelveli Limited,
Tirunelveli-627 003.
2.The General Manager,
Tamil Nadu State Transport
Corporation Tirunelveli Limited,
Nagercoil Region,
Ranithottam,
Nagercoil-1.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6062 of 2022
S.M.SUBRAMANIAM,J.
Ns
W.P.(MD)No.6062 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
