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2024 Supreme(Online)(MAD) 38429

HIGH COURT OF MADRAS
Honourable Mrs Justice R. KALAIMATHI
S.NAINADURAI – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent


O R D E R

The petitioner herein has filed this writ of mandamus to direct the respondents herein to forthwith disperse the entire retirement and other benefits to the petitioner, who was a salesman, employed under the 2nd Respondent-

Institution, within a time to be stipulated by this Court.

2. The writ petitioner S. Nainadurai S/o K. Shanmugam submits that he was appointed on 02.11.1979 as Salesman in the 2nd Respondent Institution (Co-optex) and posted at Gummudipoondi. The 2nd Respondent Institution had announced “Special Voluntary Retirement Scheme”. As the petitioner was facing heavy financial crisis, he sought for permission to retire under the said scheme. Accordingly, the petitioner was relieved from the service on

01.04.2005.

3. The petitioner further submits that the 2nd respondent issued a specific proceedings in RC. No.4192/A2/2004 dated 29.03.2004 in the Office Order No.69/2004, specifically fixing the responsibility and duty of recovering the dues from the Staff of the Government Departments of the cadres of Superintendent, Senior Assistant, Junior Assistant, etc.,. The “Salesmen” employed in the showrooms are not at all fixed with any responsibility to recover such dues,

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