L.Pandiyarajan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN L.Pandiyarajan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division) Limited, Bypass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai Division) Limited, Dindigul Region, Bypass Road, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in Ref :Admn :P1:1719, dated 21.05.2013 accepting the petitioner's resignation from the post of driver under the respondents corporation and quash the same as illegal on the 1/4

ground of non-payment of service benefits due to the petitioner and consequential direction to the respondents to allow the petitioner to join in the post of driver under the respondents corporation with all attendant benefits within the time stipulated by this Court. For Petitioner : Mr.J.Lawrance For Respondents : Mr.J.Senthil Kumaraiah, Standing Counsel.

ORDER

Heard the learned counsel on either side.

2.The petitioner joined the respondent corporation as Driver in the year 2007. He had submitted his resignation on 10.09.2012. It is accepted vide officer order dated 21.05.2013. That is put to challenge in this writ petition. An order accepting the the petitioner's resignation cannot be questioned. The very prayer is not maintainable. 2/4

3.Be that as it may, when the matter was taken up for disposal, the learned counsel for the writ petitioner submitted that he would be satisfied if the eligible terminal benefits payable to the writ petitioner are settled in full.

4.No exception can be taken to the said request. The respondent management is directed to pay the terminal benefits payable to the writ petitioner within a period of four weeks from the date of receipt of a copy of this order.

5.The writ petition is allowed on these terms. 30.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 30.03.2023 4/4