Terminal benefits cannot be withheld solely due to pending criminal investigations, ensuring fair treatment of employees.

O R D E R

The instant writ petition has been filed by a retired driver of the respondents/Transport Corporation, who attained superannuation on 30.11.2022 seeking to quash the order dated 30.11.2022 wherein the respondents Transport Corporation had rejected the request of the writ petitioner for settling the terminal benefits, on the ground that the DVAC proceedings are pending against him.

2. A perusal of the impugned order dated 30.11.2022 reveals that the petitioner has been permitted to retire with effect from 30.11.2022 without prejudice to the pendency of the case under the provisions of Prevention of Corruption Act. The impugned order further reveals that only when all the cases pending as against him get concluded, his terminal benefits would be disbursed. Challenging the said order, the present writ petition has been filed.

3. The learned counsel appearing for the writ petitioner brought to the notice of this Court that as against 52 employees of the Transport Corporation, a criminal case was laid for job racketing. One among them, namely, S.Ayyaru, had filed a writ petition in W.P.(MD) No.20697 of 2015 for quashing a similar order and to release the terminal benefits. The said writ petition was allowed, by this Court on 28.08.2017. The Management of Transport Corporation has chosen to challenge the said order by transferring Writ Appeal in W.A.(MD)No.346 of 2018 and the Hon'ble Division Bench of this Court was pleased to dismiss the Writ Appeal on 05.03.2018.

4. Another similarly placed employee, namely, R.Veerakumar, has filed W.P(MD) No. 19131 of 2018 before this Court, seeking to quash the similar order and for disbursement of the terminal benefits. This Court, by an order, dated 09.11.2022 had directed the respondent Corporation to permit to retire and settle the terminal benefits within a period of twelve weeks. In case, if there is a delay beyond the period of twelve weeks, the terminal benefits would carry interest at the rate of 6% per annum

5. Per contra, the learned Standing Counsel appearing for the respondents Transport Corporation had contended that since the criminal case is pending as against the petitioner, the question of disbursement of terminal benefits would arise only after conclusion of the criminal proceedings.

6. I have carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.

7. The Hon'ble Division Bench of this Court was pleased to confirm the order passed by the learned Single Judge with regard to the similarly placed person/co-accused along with the writ petitioner. In such a view of the matter, this Court is of the considered opinion that the petitioner cannot be discriminated by the Management of the Transport Corporation and therefore, the order impugned in the writ petition is set aside and the respondents authorities are directed to disburse the terminal benefits within a period of twelve weeks from the date of receipt of a copy of this order. In case, if there is a delay beyond a period twelve weeks, the amount will carry interest at the rate of 6% per annum.

8. With the above said observation, this Writ Petition stands allowed.

There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

13.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station New Road, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Nagapattinam Region, Nagapattinam District.

3. The Administrator, Tamil Nadu State Transport Corporation Limited, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai – 2.

R.VIJAYAKUMAR,J.

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13.08.2024