Madras High CourtWP(MD)/3280/2023dismissed

V.Subramani v. The General Manager

2023-02-20Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P(MD).No.3034 and 3036 of 2023 V.Subramani ... Petitioner Vs.

The General Manager, Co-operative Milk Producers Union Limited, Kottapattu, Trichy-23. ... Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the respondent by his proceedings in Na.Ka.No. 14562/PoNe/2022 dated 30.01.2023 and quash the same as illegal, consequently directing the respondent to consider the petitioner's voluntary retirement application dated 08.11.2022 and permit him to go on voluntary retirement.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.J.Devasenan Standing Counsel 1/5

O R D E R

This writ petition has been filed to call for the records pertaining to the order passed by the respondent in Na.Ka.No.14562/PoNe/2022 dated 30.01.2023, quash the same as illegal and consequently, direct the respondent to consider the petitioner's voluntary retirement application dated 08.11.2022 and permit him to go on voluntary retirement.

2. The learned counsel appearing for the petitioner would submit that the petitioner has made an application for voluntary retirement on 08.11.2022 and the same was rejected vide the impugned order dated 30.01.2023 on the ground that the petitioner has not followed the producers contemplated in the relevant Government Orders and the Rules. However, it would suffice if this Court grants liberty to the petitioner to rejoin the duty and make a fresh application for voluntary retirement.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 2/5

4. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order passed by the respondent, grants liberty to the petitioner to rejoin the duty and make a fresh application for voluntary retirement. If such application is made by the petitioner, the concerned Authority is directed to consider the same and pass appropriate orders on merits and in accordance with the relevant Government Orders and Rules.

5. Accordingly, this Writ Petition is dismissed. No costs. Connected miscellaneous petitions are closed. 20.02.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No Note: Issue Order Copy on 20.02.2023.

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To The General Manager, Co-operative Milk Producers Union Limited, Kottapattu, Trichy-23.

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M.DHANDAPANI,J.

ssb 20.02.2023 5/5