MADURAI: Holding that an employee cannot claim to be continuing in service on the grounds of non-disbursal of terminal benefits, the Madurai Bench of the Madras High Court refused to grant relief to two transport corporation employees, who approached the court seeking alternative employment citing the above reasons.
Justice J Nisha Banu passed this order recently on the petitions filed by P Gajapathy and V Viswanathan, who were working as drivers in Tamil Nadu State Transport Corporation (TNSTC), Kumbakonam division. The judge noted that due to some illness, the duo requested to be discharged from service in 2013 by undertaking that they would not claim alternative jobs. But 10 months later, they sent representations to TNSTC seeking alternative jobs. Since the same was not considered by the authorities citing that the petitioners were relieved from service, they approached the court the next year.
The petitioners claimed that as TNSTC has not released their pension benefits, they cannot be stated to be relieved from service. But Justice Banu rejected the said contention. "Merely because the terminal benefits have not been provided, it cannot be said that they are in continuous service," she said. Also noting that the pension benefits were not released on the account of some unimplemented increment cut, the judge directed the petitioners to give a fresh representation to the authorities, seeking the benefits. Further directions were given to the authorities to consider and pass appropriate orders on it within three weeks.