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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.JUSTICE N.MALA, J
D.Sundara Sekaran – Appellant
Versus
General Manager Personnel & Administration – Respondent
ORDER :
N.MALA, J.
The writ petition has been instituted to direct the respondents to pay the writ petitioner's superannuation benefits, including LIC pension, EL payment, gratuity, and medical reimbursement, from the date of his retirement. Additionally, the petitioner seeks a consequential direction to dispose of the e-mail representation dated 18.03.2021.
2. The writ petitioner retired from service as General Manager - Plant at Madras Fertilizers Limited. on 31.10.2014. While so, the Central Bureau of Investigation, Anti-Corruption Branch, Chennai registered a case in RC MA1 2015 A 0038 on 26.08.2015 against the petitioner and others. The case was based on a source of information alleging the commission of offences punishable under Sections 120-B read with 420 IPC and Sections 7, 12, and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, by the petitioner and others. The petitioner retired on superannuation on 31.10.2014, and despite the respondents' undertaking to settle the petitioner's LIC pension, EL payment, gratuity, and medical reimbursements, the same remained unpaid.
3. Meanwhile, the management of the respondent organization appointed a retired High Court Judge
Pension is recognized as property under Article 300-A of the Constitution, and retrospective policy changes cannot deny superannuation benefits.
The main legal point established in the judgment is the entitlement of an employee to interest on belated payment of retirement benefits due to delays caused by pending disciplinary proceedings and c....
Without a specific order for withholding gratuity, the action is unjust and beyond jurisdiction, entitling the petitioner to receive gratuity and remaining pension despite pending criminal proceeding....
Terminal benefits cannot be withheld solely due to pending criminal proceedings without judicial findings against the employee, affirming employee rights against arbitrary actions.
The withholding of pension and terminal benefits is unjustified when no departmental or criminal proceedings are initiated against the employee post-superannuation.
Petitioners entitled to notional increments post-superannuation based on prior conduct, as per binding judicial precedent.
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