Madras High Court
A.N.Thirumal vs The Managing Director on 1 March, 2012
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.03.2012 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.No.25918 of 2011 A.N.Thirumal .. Petitioner. Vs. 1.The Managing Director The Tamilnadu Co-operative Milk Producers Federation Limited,AAVIN Illam,Madhavaram Milk Colony Chennai-600 051 2.The Commissioner for Milk production and Dairy Development,Madhavaram milk colony Chennai-600 051 3.The General Manager Villupuram District Cooperative milk Producers Union Limited Kanthanchavadi postVazhathareddy, PB No.61 Villupuram-605 401 .. Respondents. Writ petition is filed under Article 226 of Constitution of India for the issuance of writ of mandamus, directing the respondents to grant terminal benefits like gratutity, leave salary etc., due and payable to the petitioner as on the date of his retirment in the year 2000 together with interest at such rate. For Petitioner : Mr.V.Suthakar For Respondents : Mr.P.Gunasekar for R1 and 3 Mr.R.Ravichandran for R2 ***** O R D E R
Petitioner has approached this court, with a prayer for issuance of writ in the nature of mandamus, directing the respondents to release the terminal benefits like gratuity, leave salary etc., due and payable to the petitioner.
2. The petitioner retired from the post of Deputy Manager (D.E) from the Tamil Nadu Cooperative Milk Producers Federation (TCMPF) on 29.02.2000. The petitioner was allowed to retire without prejudice to the surcharge proceedings, which were said to be pending against the petitioner under Section 87 of the Tamil Nadu Cooperative Societies Act.
3. The petitioner was granted provisional pension, for the period, the petitioner had served with Tamilnadu Government before being absorbed in the Aavin.
4. The terminal benefits of the petitioner were withheld on account of pendency of surcharge proceedings.
5. It is submitted by the petitioner that after retirement, petitioner did not hear anything about the proceedings of surcharge nor any notice was issued to him. After waiting for sufficient long period an application was moved by the petitioner under Right to Information Act to enquire about pending proceeding under Section 87 of Tamil Nadu Co-operatives Act. It was in response to the application filed by the petitioner that it was revealed that surcharge proceedings were dropped on 07.12.2000 itself. Therefore since 07.12.2000, there are no proceeding pending against petitioner, which could entitle the respondents to withhold the retiral benefits of the petitioner.
6. Inspite of dropping of the proceedings, the respondents have failed to release the retiral benefit of the petitioner, inspite of repeated representations by the petitioner.
7. Notice of this writ petition was issued, inspite of opportunity, no counter has been filed. The averments made in the writ petition therefore goes unrebutted. Even otherwise once under the Right to Information, the petitioner has been conveyed that the surcharge proceedings were dropped, there was no bar for grant of retiral benefit to the petitioner, specially when the respondents have no right to withhold the retiral benefit of the petitioner, without justification.
8. The action of the respondents in not releasing the retiral benefits of the petitioner, is therefore on the face of it is arbitrary, and amounting to colourable exercise of power, therefore is hit by Article 14 of the Constitution of India.
9. Consequently, this writ petition is allowed, a writ in the nature of mandamus, is issued directing the respondents to release all the retiral benefits including gratuity, leave salary etc., to the petitioner within one month from the date of receipt of a certified copy of this order.
10. Petitioner shall also be entitled to interest at the rate of 9% per annum from the due date till date of payment.
11. No costs.
To
1.The Managing Director The Tamilnadu Co-operative Milk Producers Federation Limited, AAVIN Illam,Madhavaram Milk Colony Chennai-600 051
2.The Commissioner for Milk production and Dairy Development,Madhavaram milk colony Chennai 600 051