R.Rajamanickam, v. The Government of Tamilnadu

O R D E R Mr.M.Dinesh Hari Sudarsan, learned counsel for the Government, takes notice for the first respondent and Mr.P.F.Ferlin Castro, learned Standing Counsel, takes notice for the respondents 2 & 3.

¶2With the consent of both sides, this writ petition is disposed of at the admission stage.

¶3Heard the learned counsel for the petitioner and learned counsel for the Government and learned Standing Counsel appearing for the respective respondents.

¶4The petitioner served in the respondent – Transport Corporation as a Driver and retired from service on attaining the age of superannuation on

28.02.2018. However, in view of certain disputes regarding the conferment of permanent status and the pendency of litigation before this Court, including in W.A.(MD) No.2167 of 2025, the terminal benefits of the petitioner could not be disbursed. Further, the petitioner has not submitted the requisite Form No.59 to enable the respondent – Transport Corporation to process the payment of the terminal benefits. Therefore, the petitioner has filed the present writ petition seeking a mandamus directing the respondent – Transport Corporation to disburse the entire terminal benefits.

¶5Learned Standing Counsel appearing for the respondent – Transport Corporation, on instructions, submitted that unless and until the petitioner submits Form-59, the process for release of the terminal benefits cannot be undertaken by the respondent – Transport Corporation.

¶6Learned counsel for the petitioner submitted that Form-59 contains an undertaking not to take any legal proceedings against the respondent – Transport Corporation with regard to the payment of terminal benefits. If such an undertaking is given, the petitioner's right in the pending proceedings relating to the claim for permanent status and other consequential benefits would be adversely affected.

¶7Taking into consideration the peculiar facts and circumstances of the case, this Court is of the considered view that this writ petition can be disposed of with the following directions:

(i) The petitioner is permitted to submit Form-59 without prejudice to his rights in the pending proceedings. In the event, the petitioner submits the same, the respondent – Transport Corporation shall process the same and release the terminal benefits, without prejudice to the rights of the petitioner in the pending proceedings, as expeditiously as possible, at any rate, within a period of twelve weeks from the date of receipt of a copy of this order.

(ii) It is further made clear that if the petitioner succeeds in the pending proceedings, it will be open to the petitioner to seek revision of his pensionary benefits in terms of the order that may be passed in the pending proceedings.

¶8Accordingly, this writ petition is disposed of. No costs.

18.06.2026 (2/4) NCC : Index : Internet :

krk To: The Secretary to Government, Transport Department, Secretariat, Government of Tamilnadu, Chennai-600 009. MUMMINENI-SUDHEER-KUMAR,-J. krk W.P.(MD)-No.16856-of-2026

18.06.2026 (2/4)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR R.Rajamanickam ... Petitioner -vs- 1.The Government of Tamilnadu rep.by its Secretary to Government Transport Department, Secretariat Chennai-600 009 2.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District 3.The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region Pudukottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to disburse all the retirement benefits including pension, gratuity, provident fund and all other terminal benefits due to the petitioner with interest at the rate of 6% per annum from the date of retirement i.e., 28.02.2018 till the date of actual payment within a time frame as may be fixed by this Court. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.M.Dinesh Hari Sudarsan Counsel for the Government for R1 Mr.P.F.Ferlin Castro Standing Counsel for R2 & R3