Madras High CourtWP/559/2014disposed of

Mr.K.Velusamy v. Tamilnadu State Transport

2018-11-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 559 of 2014 K.Velusamy ... Petitioner Vs.

Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road, Coimbatore-43.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to permit the petitioner to retire under the voluntary retirement scheme announced by the respondent in the year 2011 and consequently direct the respondent to pay all the retiral benefits to petitioner payable as per the said voluntary retirement scheme within a time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.R.Arulraj For Respondent : Mr.P.Kannankumar, Standing Counsel

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent to permit the petitioner to retire under the voluntary retirement scheme.

2. According to the petitioner, he was working as a Driver with the respondent and he has opted to retire from service under Voluntary Retirement Scheme during August 2011. Since the petitioner's application was not considered so far, the present Writ Petition has been filed.

3. Earlier, notice was ordered to the respondents. Today, when the matter was taken up for hearing, Mr. P.Kannankumar, learned standing counsel appearing for the respondent, on instructions, submitted that pending Writ Petition, the respondent had passed an order stating that as per the scheme, the petitioner is expected to work 90 days with pay from the date of his request enabling him to get Voluntarily Retirement as per the rules. But, the petitioner has not worked for 90 days and resigned his post on 22.09.2011 within 40 days from the date of submission of https://hcservices.ecourts.gov.in/hcservices/

Voluntary retirement from service. Thus, as per the rules, he is not eligible for the retirement benefits under the Voluntary Retirement Scheme. Hence, his resignation was also accepted on 27.09.2011 and in view of his resignation, he is not eligible to get the retirement benefits.

4. Admittedly, the petitioner has resigned from his post, hence, the prayer sought by him in the present Writ Petition cannot be granted. However, Mr.R.Arulraj, learned counsel appearing for the petitioner submitted that even though the petitioner is permitted to resign from the post, so far, he was not paid with the benefits arising out of the resignation. The learned counsel appearing for the respondent submitted that the respondent is willing to pay the benefits, which are legally entitled to the petitioner.

5. On considering the above facts, the respondent is directed to pay the benefits, which are legally entitled to the petitioner within a period of eight weeks from the date of receipt of the copy of this order. In the result, the present Writ Petition stands disposed of. No costs. Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rpp To Tamil Nadu State Transport Corporation (CBE) Ltd., No.37, Mettupalayam Road, Coimbatore-43.

+1 CC TO GOVERNMENT PLEADER SR.NO. 79130 +1cc to Mr.P.Kannankumar , Advocate SR.No. 78670 +1cc to Mr. G.Raj kumar, Advocate SR.No. 8612 W.P. 559 of 2014 A.SK(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/