Writ Petition No.30651 of 2024 N.ANAND VENKATESH, J Pursuant to the earlier order passed on 21.10.2024, the matter was listed for hearing today. 2. Learned Standing Counsel appearing on behalf of the respondent Corporation filed the report of the respondent. This report was filed along with a list containing the names of 194 persons, who have retired during the period from 2017 to 2024 and to whom the terminal benefits are yet to be paid. On going through the report, it is seen that there will be a total outflow of nearly 200 crores if all these retired employees are to be settled with the terminal benefits. In view of the same, the respondent Corporation is now maintaining the seniority list and the terminal benefits are being settled as per this list. Considering the fact that the petitioner had retired from service in the year 2022, it is going to take a long time for the petitioner to get the terminal benefits. 3. The above reflects the sad state of affairs that is prevailing in many Corporations. In a country governed by rule of law and which follows a socialistic pattern of governance as per the preamble of the Constitution of India, all must be treated equally irrespective of the post held by them. The non-payment of terminal benefits or other retirement benefits never happens to persons holding the post of power or persons holding higher posts. Such compromise is done only to the lower grade employees. On going through the list that was furnished to this Court, it is seen that there are retired employees waiting from the year 2017 onwards, who are yet to be paid the entire terminal benefits. This lopsided functioning on the part of the Corporation can never be permitted. This is not the only Corporation in which such sad state of affairs is prevailing and this Court had an opportunity to deal with the same issue with respect to Mettur Municipality, Salem. 4. A welfare State will be gauged and assessed by its treatment of vulnerable populations, particularly those in the lower socioeconomic strata and its senior citizens. If the State is going to forget about the contributions rendered by those persons to the system and they are forgotten after they retire from service, it will be a disgrace for those employees and the State and its instrumentalities will be failing in showing their gratitude to those persons, who have rendered their service till their retirement. A country governed by rule of law can never permit such sad state of affairs to continue. 5. As a constitutional Court exercising its jurisdiction under Article 226 of the Constitution of India, this Court cannot permit this situation to continue since depriving the terminal benefits to the retired employees will directly violate the fundamental right that has been guaranteed under Article 21 of the Constitution of India. Many of the persons, who retire, will be dependent for their livelihood only on the terminal benefits, which they receive. If the same is not paid, it directly touches upon their life, which is guaranteed under Article 21 of the Constitution of India. Therefore, the stand that has now been taken by the respondent Corporation is in violation of Article 21 of the Constitution of India. 6. Learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the Corporation has already requested the Government to provide funds in order to settle the terminal benefits of all the retired employees. 7. In view of the same, this Court wants to ensure that the terminal benefits that are payable to the retired employees of various Corporations is no longer postponed due to non-availability of funds. Therefore, this Court is inclined to suo motu implead the Director of Municipal Administration and Water Supply Department, No.15, Urban Administration Building, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028, represented by its Director as second respondent in this writ petition. 8. Dr.T.Seenivasan, learned Special Government Pleader, takes notice on behalf of the impleaded second respondent. 9. The impleaded second respondent shall file an affidavit before this Court on the steps that are going to be taken to release the funds for all the Corporations in order to settle the terminal benefits of those, who have retired from service. In no case, the terminal benefits of the retired employees should be postponed beyond three (3) months from the date of their retirement. Such an arrangement must be evolved and this Court must be informed regarding the future course of action. 10. Post this writ petition under the caption ‘for passing further orders’. Learned counsel on either side submitted that the matter can be continued to be heard by me since substantial submissions have already been placed before this Court. A Joint Memo shall be filed before the N.ANAND VENKATESH, J Registry and the Registry shall place the same before My Lord The Honourable Chief Justice. After getting appropriate orders, the writ petition shall be posted for hearing before me. In the mean time, the impleaded second respondent shall file an affidavit as directed in the present order. 30.10.2024 gm Note to office: (i) Registry is directed to carry out necessary amendment in all the concerned records. (ii) Mark a copy of this order to (a) The Commissioner, Salem Corporation, Salem – 636 001. (b) The Director of Municipal Administration and Water Supply Department, No.15, Urban Administration Building, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028. Writ Petition No.30651 of 2024
P terminal benefits are yet to be paid. On going through the report, it is seen that there will be a total outflow of nearly 200 crores if all these retired employees are to be settled with the terminal benefits. In view of the same, the respondent Corporation is now maintaining the seniority list and the terminal benefits are being settled as per this list. Considering the fact that the petitioner had retired from service in the year 2022, it is going to take a long time for the petitioner to get the terminal benefits. 3. The above reflects the sad state of affairs that is prevailing in many Corporations. In a country governed by rule of law and which follows a socialistic pattern of governance as per the preamble of the Constitution of India, all must be treated equally irrespective of the post held by them. The non-payment of terminal benefits or other retirement benefits never happens to persons holding the post of power or persons holding higher posts. Such compromise is done only to the lower grade employees. On going through the list that was furnished to this Court, it is seen that there are retired employees waiting from the year 2017 onwards, who are yet to be paid the entire terminal benefits. This lopsided functioning on the part of the Corporation can never be permitted. This is not the only Corporation in which such sad state of affairs is prevailing and this Court had an opportunity to deal with the same issue with respect to Mettur Municipality, Salem. 4. A welfare State will be gauged and assessed by its treatment of vulnerable populations, particularly those in the lower socioeconomic strata and its senior citizens. If the State is going to forget about the contributions rendered by those persons to the system and they are forgotten after they retire from service, it will be a disgrace for those employees and the State and its instrumentalities will be failing in showing their gratitude to those persons, who have rendered their service till their retirement. A country governed by rule of law can never permit such sad state of affairs to continue. 5. As a constitutional Court exercising its jurisdiction under Article 226 of the Constitution of India, this Court cannot permit this situation to continue since depriving the terminal benefits to the retired employees will directly violate the fundamental right that has been guaranteed under Article 21 of the Constitution of India. Many of the persons, who retire, will be dependent for their livelihood only on the terminal benefits, which they receive. If the same is not paid, it directly touches upon their life, which is guaranteed under Article 21 of the Constitution of India. Therefore, the stand that has now been taken by the respondent Corporation is in violation of Article 21 of the Constitution of India. 6. Learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the Corporation has already requested the Government to provide funds in order to settle the terminal benefits of all the retired employees. 7. In view of the same, this Court wants to ensure that the terminal benefits that are payable to the retired employees of various Corporations is no longer postponed due to non-availability of funds. Therefore, this Court is inclined to suo motu implead the Director of Municipal Administration and Water Supply Department, No.15, Urban Administration Building, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028, represented by its Director as second respondent in this writ petition. 8. Dr.T.Seenivasan, learned Special Government Pleader, takes notice on behalf of the impleaded second respondent. 9. The impleaded second respondent shall file an affidavit before this Court on the steps that are going to be taken to release the funds for all the Corporations in order to settle the terminal benefits of those, who have retired from service. In no case, the terminal benefits of the retired employees should be postponed beyond three (3) months from the date of their retirement. Such an arrangement must be evolved and this Court must be informed regarding the future course of action. 10. Post this writ petition under the caption ‘for passing further orders’. Learned counsel on either side submitted that the matter can be continued to be heard by me since substantial submissions have already been placed before this Court. A Joint Memo shall be filed before the N.ANAND VENKATESH, J Registry and the Registry shall place the same before My Lord The Honourable Chief Justice. After getting appropriate orders, the writ petition shall be posted for hearing before me. In the mean time, the impleaded second respondent shall file an affidavit as directed in the present order. 30.10.2024 gm Note to office: (i) Registry is directed to carry out necessary amendment in all the concerned records. (ii) Mark a copy of this order to (a) The Commissioner, Salem Corporation, Salem – 636 001. (b) The Director of Municipal Administration and Water Supply Department, No.15, Urban Administration Building, Santhome High Road, Raja Annamalaipuram, Chennai – 600 028. Writ Petition No.30651 of 2024