S.Selvaraj v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.11.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.19974 of 2016 and W.M.P (MD) No.14375 of 2016 S.Selvaraj .. Petitioner Vs.

1.The Managing Director, Tamil Nadu Co-operative Milk Producers' Federation Ltd., Aavin Illam, Madhavaram Milk Colony, Chennai - 600 051.

2.The District Revenue Officer / General Manager, Trichirappalli District Co-operative Milk Producers' Union Ltd., Trichirappalli.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records pertaining to the order of the 2nd respondent passed in his proceedings Na.Ka.No. 12326/PoNi/2016 dated 29.07.2016 and quash the same as illegal in so far withholding the retirement benefits of the petitioner consequently directing the 2nd respondent to disburse the retirement benefits payable to the petitioner on account of his retirement on 31.07.2016 with interest to him. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This is a writ of Certiorarified Mandamus challenging the order dated 29.07.2016, under which, the respondents have passed an order declining to pay the retirement benefits till the disposal of the claim petitions preferred by the claimants in Claim Petition Nos.241 and 242 of 2015, which are pending before the second respondent.

2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 3.The petitioner was serving as driver in the respondent Corporation. He was permitted to retire from service on 31.07.2016, but the retirement benefits have been withheld. The grievance expressed as against the petitioner herein is that he was involved in two road accidents and the victims of the respective accidents filed claim petitions by adding insurance companies as well as Transport corporation as parties and till those petitions are finalised, the retirement benefits cannot be disbursed. This order is under challenge in this writ petition. 4.The learned Government Advocate for the respondents would submit that efforts were being taken by the Department to get the matter resolved.

5.The efforts taken by the Department has to be placed on record.

6.It is also submitted that the claim petitions are likely to be ordered only as against the Insurance Company and not as against the Transport Corporation.

7.Even assuming that if an award is passed as against the Transport Corporation, that alone cannot be a ground for the department to withhold the retirement benefits of the petitioner. 7.1. The impugned order passed by the second respondent herein proceeds on the footing that in respect of the claim for damages filed by the third parties, who are the victims to the accident, is to be answered by the driver. It is not a case of misappropriation or criminal breach of trust where the intention on the part of the driver would be material. So far as the accidents are concerned, it is merely based upon the concept of negligence. Moreover, in respect of a negligent act of the driver, the Corporation alone is vicariously liable, as the owner of the vehicle.

8. Under such circumstances, the withholding of the retirement benefit, just because third party claims for compensation are pending as against the petitioner herein, cannot be sustained. It is not even mentioned in the impugned order that a Departmental Proceeding is initiated against the driver concerned. Therefore, the impugned order dated 29.07.2016 of the second respondent, is liable to be set-aside and accordingly, the same is hereby set aside. The writ petition is allowed. The second respondent is hereby directed to disburse the retirement benefits to the petitioner without waiting for the results of the pending claim petitions, within a period of eight weeks from the date of

receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(WRITS) /True copy/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu Co-operative Milk Producers' Federation Ltd., Aavin Illam, Madhavaram Milk Colony, Chennai - 600 051.

2.The District Revenue Officer / General Manager, Trichirappalli District Co-operative Milk Producers' Union Ltd., Trichirappalli.

+1 CC to M/s.T.LENINKUMAR, Advocate, SR No. 69225 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No.68863. RJ2/SRK PSM/RR-BS/02.02.2017/3P/5C Writ Petition (MD) No.19974 of 2016 14.11.2016