Transport Corporation challenged a Single Judge order permitting an employee to retire under the Voluntary Retirement Scheme's deemed-retirement clause after the Management failed to decide his application within 90 days. The Division Bench found no infirmity, dismissed the appeal and directed disbursement of retirement benefits within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WA(MD)No.1485 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.12.2024
CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
WA(MD)No.1485 of 2024 and CMP(MD)No.11529 of 2024
... Appellants
vs.
... Respondents
Page No.1 of 4
WA(MD)No.1485 of 2024
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 27.09.2023 made in W.P(MD)No.23665 of 2023.
For Appellant : Mr.S.C.Herold Singh For R1 : Mr.A.Rahul
JUDGMENT
( Judgment of the Court was made by M.S.RAMESH, J.)
Under the Voluntary Retirement Scheme of the Common Service Rules of the Transport Corporation, when an eligible employee makes an application seeking voluntary retirement, and if no orders are passed by the Management on the said application within a period of 90 days, there is a provision that the employee is deemed to have retired on the expiry of the 90 days.
Page No.2 of 4
WA(MD)No.1485 of 2024
3.
the Writ Appeal stands dismissed. No costs. In view of the dismissal of this appeal, the appellants Transport Corporation shall forthwith disburse the retirement benefits to the 1st respondent as expeditiously as possible, in any event within a period of eight weeks from the date of receipt of a copy of this judgment. Consequently, connected miscellaneous petition is closed.
(M.S.R, J.) (A.D.M.C, J.) Index : Yes / No 05.12.2024 Neutral Citation : Yes / No bala
Page No.3 of 4
WA(MD)No.1485 of 2024
M.S.RAMESH, J. and A.D.MARIA CLETE, J.
bala
JUDGMENT MADE IN WA(MD)No.1485 of 2024 DATED : 05.12.2024
https://www.mhc.tn.gov.in/judis Page No.4 of 4
1 issue framed by the court
Whether the Single Judge correctly applied the deemed retirement provision of the VRS when no orders were passed on the employee's voluntary retirement application within 90 days.
The Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited
The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited
The Branch Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Bypass Road Mofussil Branch
P.Marimuthu
Satheesh
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
