Madras High Court
C.Nallammal vs Tamilnadu Generation And ... on 21 August, 2023
W.P.No.2175 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.2175 of 2017
C.Nallammal .. Petitioner
vs
1.Tamilnadu Generation and Distribution
Corporation Ltd.,
Rep. By its Managing Director,
No.144, Anna Salai,
Chennai – 2.
2.The Chief Engineer (Personnel)
Tamilnadu Generation and Distribution
Corporation Ltd.,
No.144, Anna Salai,
Chennai – 2.
3.The Superintending Engineer,
Namakkal Electricity Distribution Circle,
Tamilnadu Generation and Distribution Corporation Ltd.,
Namakkal.
4.The Executive Engineer (General
& MRD/Public Information Officer),
Namakkal Electricity Distribution Circle,
Tamilnadu Generation and Distribution
Corporation Ltd., Namakkal. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus calling for the
records pertaining to the order in Letter
No.249/Ni.Pi.2/E.Ni.U.2/Ko.Thani/2016 dated 07.10.2016 from the
3rd respondent, quash the same and consequently direct the
respondents to pay the petitioner interest for the belated payment
of DCRG at the rate of 8.7% per annum compounded annually; to
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W.P.No.2175 of 2017
pay interest for the belated payment of Family Security fund
Amount, Earned Leave Salary, Unearned Leave Salary on Private
affairs, arrears payable as per the wage revision settlement and
family pension respectively at the rate of 12% per annum and to
pay her interest for the payment of General Provident Fund
Special Provident Fund and the New Special Provident Fund at the
rate of 8.7% per annum.
For Petitioner : Ms.V.Porkodi
for Mr.R.Krishnaswamy
For Respondents : Mr.K.Purushothaman
Standing Counsel
ORDER
Writ petition has been filed in the nature of a certiorarified
mandamus seeking records relating to the Letter No.249/Ni.Pi.2/E.
Ni.U.2/Ko.Thani/2016 dated 07.10.2016 issued by third
respondent, the Superintending Engineer, Namakkal Electricity
Distribution Circle, Tamilnadu Generation and Distribution
Corporation Ltd., at Namakkal and quash the same and direct the
respondents to pay the interest for the belated payment of DCRG
at the rate of 8.7% per annum compounded annually and also to
pay interest for the belated payment of Family Security fund
Amount, Earned Leave Salary, Unearned Leave Salary on Private
affairs, and on the arrears payable as per the wage revision
settlement and on family pension respectively at the rate of 12%
per annum and also interest on General Provident Fund, Special
Provident Fund and the New Special Provident Fund at the rate of
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W.P.No.2175 of 2017
8.7% per annum.
2. The husband of the petitioner E.Chinnathambi, was
originally employed as Contract Labour under the third respondent
/ Namakkal Electricity Distribution Circle, Tamilnadu Generation
and Distribution Corporation Ltd. at Namakkal. He was, however,
subsequently absorbed as Helper consequent to the report of the
One Man Commission / Hon'ble Mr.Justice.V.Khalid, Retired Judge
of the Hon'ble Supreme Court. He was then promoted as Wireman.
He died while he was in service on 15.02.2014.
3. The grievances of the petitioner thereafter started. It is
claimed that she first informed about death of her husband on
07.03.2014 and sought recognition to pay entitlement of terminal
benefits. However, there were some issues within the family and a
letter was communicated by the petitioner on 01.07.2014. She had
also written a further letter on 15.09.2014 and then a series of
letters on 22.09.2014, 24.01.2015, 01.04.2015, 06.05.2015,
10.06.2015, 11.06.2015, 25.07.2015, 21.09.2015, 03.10.2015,
06.12.2015 and 29.12.2015. There was no response from the
respondents herein.
4. Finally, a letter dated 25.01.2016 emanated from the
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W.P.No.2175 of 2017
respondents stating that disciplinary proceedings which were
pending at the time of death of her husband had been cancelled. It
must be stated that once an employee dies any penal action
leading to punishment initiated even in the nature of disciplinary
proceedings will automatically lapse and abate. This is because
punishment cannot be imposed on any other individual. Such penal
proceedings / disciplinary proceedings are individual focused and
there cannot be anybody else to step into the shoes to defend the
charges.
5. The respondents, however, stated that though the
husband of the petitioner died on 15.02.2014, they had taken a
decision to drop the disciplinary proceedings only on 25.01.2016.
But the grievances of the petitioner was addressed, namely,
payment of DCRG and other terminal benefits.
6. The petitioner then had taken recourse to get
information under the Right to Information Act and then it was
informed that on 07.10.2016, her request for interest had been
refused stating that her application had been filed after a period of
three months.
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W.P.No.2175 of 2017
7. Learned counsel for the petitioner stated that there is
no statutory rule stipulating that such an application should be
filed within a period of three months. But it is to be taken that the
duty of the employer, once informed that an employee had died, is
to take under their hold the legal representatives of the deceased
employee / dependants and ensure that the benefits which are
payable are paid at the earliest. If there is any delay in such
payment then they should be liable to pay interest. There cannot
be a stipulation that a formal application should be filed and that it
should also be filed within a period of three months. The impugned
order therefore does not convey any meaning and is set aside.
8. The issue now is about the direction of payment of
interest for the delayed payment. A perusal of the records show
that there has been delay and in fact a substantial delay even in
cancelling or setting aside or not proceeding with the disciplinary
proceedings even after knowledge that the husband of the
petitioner had died. Taking a decision after nearly two years, with
respect to that fundamental aspect itself shows vindictiveness of
the respondents.
9. The minute a person dies, the charges abate and there
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W.P.No.2175 of 2017
cannot be any further proceedings as against the dead person with
respect to any charge which had been framed against him.
Therefore, the interest naturally follows.
10. Learned counsel for the petitioner placed reliance on a
Division Bench judgment of this Court in the case of Govt. of Tamil
Nadu Rep. By its Secretary to Government, Revenue Department
and another v M.Deivasigamani [(2009) 3 MLJ 1].
11. The Division Bench had placed reliance on an earlier
judgment of the Hon'ble Supreme Court in the case of S.K.Due v
State of Haryana [(2008) 3 SCC 44], wherein it had been held that
interest follows for delayed payment.
12. Therefore, the respondents are directed to pay interest
in accordance with the rules and regulations for the delayed
payment of the benefits to the petitioner herein. Necessary
proceedings in this regard determining the rate of interest and the
quantum of interest to be issued by the respondents within a
period of twelve weeks from the date of receipt of a copy of this
order. If the respondents entertain / seek clarification, they may
issue notice to the petitioner herein and thereafter issue the
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W.P.No.2175 of 2017
proceedings, but at any rate, within the aforementioned period of
twelve weeks from the date of receipt of a copy of this order.
13. A further perusal of the record shows that
Mr.K.Purushothaman, learned Standing Counsel, had insisted that
his name should be printed. The name has been printed in the
cause-list, but unfortunately, counter affidavit has not been filed.
Since the issue revolves around payment of interest and dropping
of disciplinary proceedings, I find no reason to hold the matter
back on the file of this Court any further.
14. Writ petition stands allowed. No costs.
21.08.2023
Index:Yes/No
Neutral Citation:Yes/No
ssm
To
1.The Managing Director,
Tamilnadu Generation and Distribution Corporation Ltd.,
No.144, Anna Salai,Chennai – 2.
2.The Chief Engineer (Personnel)
Tamilnadu Generation and Distribution Corporation Ltd.,
No.144, Anna Salai, Chennai – 2.
3.The Superintending Engineer,
Namakkal Electricity Distribution Circle,
Tamilnadu Generation and Distribution Corporation Ltd.,
Namakkal.
4.The Executive Engineer (General & MRD/Public Information
Officer),Namakkal Electricity Distribution Circle,
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W.P.No.2175 of 2017
Tamilnadu Generation and Distribution
Corporation Ltd., Namakkal.
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W.P.No.2175 of 2017
C.V.KARTHIKEYAN,J.
ssm
W.P.No.2175 of 2017
21.08.2023
https://www.mhc.tn.gov.in/judis
