N.Durai v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA N.Durai ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation (MDU) Limited, Bye-pass Road, Madurai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to disburse the petitioner's Voluntarily Retirement Scheme Compensation amount Rs.90,000/- for the remaining service of 6 years at the time of the petitioner's retirement, along with 6% interest, in view of the High Court orders and the petitioner's representation dated 04.06.2024.

For Petitioner : Mr.P.Vijaynivas For Respondent : Mr.S.Raja, Standing Counsel 1/5

O R D E R

The present writ petition has been filed seeking direction to the respondent to disburse the Voluntarily Retirement Scheme Compensation of a sum of Rs.90,000/- for the remaining service of the petitioner at the time of his retirement, by considering the petitioner's representation, dated 04.06.2024.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.P.Vijaynivas, learned counsel appearing for the petitioner and Mr.S.Raja, learned Standing Counsel appearing for the respondent.

4. The petitioner joined in the respondent Corporation in the year 1989 and he retired from service as 'Junior Engineer' under voluntary retirement scheme on 31.03.2023. The grievance of the petitioner is that the respondent did not settle his retirement benefits immediately after his voluntary retirement.

5. However, the retirement benefits of the petitioner was paid to him belatedly. The respondent also failed to settle the Voluntary Retirement Scheme 2/5

Compensation under the Special Scheme, which was brought into force vide G.O.(Ms)No.2010, Transport Department, dated 03.11.1987. Thereafter, on 10.02.1993, the compensation amount for the employees, who retired under the Voluntary Retirement Scheme is enhanced from Rs.7,500/- to Rs.8,500/- per year. Thus, the petitioner is entitled to receive the said Voluntary Retirement Compensation in terms of the said Government Order. The petitioner has sent a representation to the respondent on 04.06.2024 seeking Voluntary Retirement Scheme Compensation. Since the same was not considered, this writ petition came to be filed.

6. In view of the above, this Writ Petition is disposed of with a direction to the respondent to pay the voluntary retirement scheme compensation amount to which the petitioner is entitled to along with interest at the rate of 6% per annum by considering the petitioner's representation, dated 04.06.2024 within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs 19.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To:

The Managing Director, Tamil Nadu State Transport Corporation (MDU) Limited, Bye-pass Road, Madurai.

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R.N.MANJULA, J.

TSG 19.06.2024 5/5