The High Court directed the Transport Corporation to disburse retired employee J.Venkataraman's terminal benefits despite a 'financial crunch' plea, ordering payment in 12 monthly instalments effective May 1, 2019.
Respondents directed to disburse retirement benefits in twelve equal monthly instalments commencing from 01.05.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-04-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.4610 of 2019
J.Venkataraman ... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent and third respondents to disburse the retirement benefits, viz., Gratuity Amount of Rs.11,17,020/-, Earned Leave Surrender Salary Amount of Rs.5,53,200/-, Pension Commutation Amount of Rs.8,65,560/-, Social Security Scheme Amount of Rs.20,000/- and the total comes to Rs.25,55,780/- (Rupees Twenty Five Lakhs and Fifty Five Thousand and Seven Hundred and Eighty only) with 18% interest on delayed payment to the petitioner, the Senior Tradesman, Staff No.T08700 who has retired from service on 31.5.2018.
For Petitioner : Mr.D.Veerasekaran
For Respondent-1 : Mr.R.S.Selvam,
Government Advocate.
For Respondents-2&3 : Mrs.Rajeni Ramadoss
O R D E R
The writ petitioner served as Helper in Metropolitan Transport Corporation (Chennai) Limited and after completion of 35 years of service, retired on attaining the age of superannuation on 31.5.2018, and the learned counsel for the writ petitioner states that till today, the terminal benefits are not disbursed to the writ petitioner without any valid reasons and that the writ petitioner was allowed to retire from service and his entitlement for terminal benefits are not paid till today.
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 01.05.2019. However, there shall be no order as to costs.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
To
1. The Principal Secretary to Government,
Transport Department,
Fort St.George,
Chennai – 600009.
2. The Managing Director,
Metropolitan Transport Corporation (Chennai) Ltd.,
Pallavan Salai,
Chennai - 600 002.
+1cc to Mr..D.Veerasekaran, Advocate Sr.32101
+1cc to the Government Pleader Sr.33462
W.P.No.4610 of 2019
ev[co]
srg 26/04/2019
2 issues framed by the court
Whether the State is required to disburse terminal benefits to retired employees when they allege financial crunch.
Whether terminal benefits can be paid in monthly instalments without violating theEmployees' right to livelihood under Article 21.
J.Venkataraman
The Principal Secretary to Government, Transport Department
The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd.
The Administrator, Tamil Nadu State Transport Corporation, Provident Fund Trust
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
