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Madras High CourtWP(MD)/5020/2018disposed of

R.Tamilselvan v. The Managemtn Pf Tamilnadu

2021-11-09Honourable Dr Justice Anita Sumanth2 pages

W.P.[MD]No.5020 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.5020 of 2018 R.Tamilselvan

...Petitioner

/Vs./ 1.The Management of Tamil Nadu, State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director,Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagappattinam Region, Nagappattinam.

...Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to accept the petitioner's application dated 17.07.2016 allowing him to retire from service on voluntary retirement and further directing the respondents to settle his terminal benefits including monthly pension, commuted value of pension, gratuity, provident fund contribution, Social Security scheme amount and Refund of his contribution towards Medical, Engineering, Polytechnic Colleges and Institute of Road Transport within the time limit that maybe stipulated by this Court. For Petitioner : Mr.S.Govindan for Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

The petitioner has sought a mandamus directing the respondents to accept his application dated 17.07.2016 seeking voluntary retirement and also seeking settlement of all his terminal benefits. 2.Pending writ petition, earlier the application had come to be rejected for want of sufficient service. The petitioner thus filed yet another application dated 28.05.2020 seeking voluntary retirement that has been accepted on 24.12.2020. Mandamus on this score is thus achieved.

3.Coming to the settlement of terminal benefits, Mr.D.Sivaraman, learned counsel appearing for the respondents admits the outstandings and only seeks sufficient time to settle the benefits.

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W.P.[MD]No.5020 of 2018 4.A direction is thus issued to the respondents to settle all terminal benefits due to the petitioner in six monthly installments, each installment to be paid by the 5th of every month. The first installment shall be paid by the 5th of December, 2021. 5.This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Sm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Managing Director Management of Tamil Nadu, State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagappattinam Region, Nagappattinam.

+1 CC to M/s.D. SIVARAMAN, Advocate ( SR-34004[F] dated 10/11/2021 ) W.P.(MD)No.5020 of 2018 09.11.2021 MGJ/JGB(17.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2