Judgment · High Court
Case at a glance
Outcome
Allowed
In view of the same, the writ petition is allowed and the respondents are directed to sanction the terminal entitlements of the deceased first petitioner to the second to fourth petitioners and his other legal heirs, if any, in accordance with law
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. In another writ petition in W.P. No. 15485 of 2022, which has also come up along with this writ petition, this Court has passed a detailed order as to why the order of denial of approval to the punishment of dismissal passed by the…
Judgment
W.P. No. 17126 of 2018IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.02.2025CORAMTHE HON'BLE Ms. JUSTICE R.N.MANJULAW.P. No. 17126 of 20181. P.Sankar (Deceased)
S.Santhi3. S.Sangeetha4. S.Vijay Bhaskar … Petitioners (P2 to P4 are impleaded vide order dated 22.09.2022 in W.M.P. No. 23422 of 2022) -vs-1. The Management of Tamil Nadu State Transport Corporation (Villupuram) Limited Kanchipuram Region Bangalore High Ways, Ponnerikarai Kanchipuram Kanchipuram District.2. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai - 600 002. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the respondents to pay back wages from the date of dismissal to the date of superannuation and pension from April 2017 and other terminal benefits to the petitioner. For Petitioners: Mr. S.T.VaradarajuluFor Respondents: Mr. T.Chandrasekaran, Standing CounselO R D E R1/4 https://www.mhc.tn.gov.in/judis W.P. No. 17126 of 2018 Heard Mr.S.T.Varadarajulu, learned counsel for the petitioner and Mr.T.Chandrasekaran, learned Standing Counsel for the respondents and perused the materials placed on record, apart from the pleadings of the parties. 2. In respect of disciplinary proceedings initiated against the first petitioner, he has filed this Writ Petition seeking direction to the Transport Corporation to pay back wages from the date of the dismissal till the date of the superannuation and also accord pension from April 2017 and other terminal benefits.
Since the first petitioner has died after the filing of the writ petition, the petitioner nos. 2 to 4 are impleaded as his legal heirs.
The learned counsel for the petitioners submitted that the respondents had challenged the order of rejection passed by the Assistant Commissioner of Labour in W.P. No. 15485 of 2022 and only after the same is decided, the employee's entitlement to get all other terminal benefits can be decided.
Operative part
In another writ petition in W.P. No. 15485 of 2022, which has also come up along with this writ petition, this Court has passed a detailed order as to why the order of denial of approval to the punishment of dismissal passed by the Assistant Commissioner of Labour is right and dismissed that writ petition. In 2/4 https://www.mhc.tn.gov.in/judis W.P. No. 17126 of 2018such case, it goes without saying that the deceased first petitioner ought to have continued in service and attained the age of superannuation during April 2017 and deemed to have retired from service. As nothing would prevent the respondents from supplying /paying the terminal benefits of the deceased first petitioner, it is obligatory on the part of the respondents to issue appropriate proceedings in this regard and to sanction terminal entitlements due to be paid to the deceased first petitioner. As the first petitioner has died during the pendency of the writ proceeding, I feel that the respondents should not delay the disciplinary proceedings and to pass appropriate order. 6. In view of the same, the writ petition is allowed and the respondents are directed to sanction the terminal entitlements of the deceased first petitioner to the second to fourth petitioners and his other legal heirs, if any, in accordance with law. No costs. 03.02.2025(1/2) Index: Yes/NoSpeaking order: Yes/NoNCC: Yes/NoMayaR.N.MANJULA, J.MayaTo3/4 https://www.mhc.tn.gov.in/judis W.P. No. 17126 of 2018 1. The Management of Tamil Nadu State Transport Corporation (Villupuram) Limited Kanchipuram Region Bangalore High Ways, Ponnerikarai Kanchipuram Kanchipuram District.2. The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai - 600 002.W.P. No. 17126 of 2018 Dated : 03.02.2025(1/2) 4/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the same, the writ petition is allowed and the respondents are directed to sanction the terminal entitlements of the deceased first petitioner to the second to fourth petitioners and his other legal heirs, if any, in accordance with law
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.