W.P.(MD).No.8329 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.8329 of 2017 S.Ponnambalam ... Petitioner Vs. 1.The Senior Regional Manager, TASMAC Limited, Tiruchirappalli. 2.The District Manager / Assistant Collector, TASMAC Limited, Thuvakkudi, Tiruchirappalli. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings dated 01.03.2016 in Na.Ka.No. 576/2010/C.V 4 issued by the 2nd respondent and to quash the same and consequently, to direct the respondents to refund the security deposit of Rs. 15,000/- and provident fund amount with interest and to furnish the resignation acceptance letter to the petitioner forthwith. For Petitioner : Mr.J.Parekhkumar For Respondents : Mr.K.Sivanesan ***** 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 O R D E R This writ petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings dated 01.03.2016 passed in Na.Ka.No.576/2010/C.V 4 by the 2nd respondent and to quash the same and consequently, to direct the respondents to refund the security deposit of Rs. 15,000/- and provident fund amount with interest and to furnish the resignation acceptance letter to the petitioner forthwith. 2. The petitioner was appointed as part time Salesman in the TASMAC, Tiruchirappalli Region, by the 1st respondent, vide proceedings, dated 28.11.2003. At the time of appointment, the petitioner had deposited Rs.15,000/- as security deposit through D.D.No.186931, dated 27.11.2003. He was initially appointed as Salesman for the TASMAC Shop No.10320 and subsequently, he was transferred to various shops. In the meanwhile, the petitioner was selected for the post of Conductor in TNSTC, Kumbakonam Limited, Tiruchirappalli Region. Hence, he decided to resign the Salesman job and submitted resignation letter, dated 27.08.2010. In the said letter the petitioner further requested the respondents to furnish resignation acceptance letter and also to refund the security deposit and the provident fund amount. The 2nd respondent accepted the 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 petitioner's resignation and subsequently, filled up the said vacant post through one Sivakumar, vide proceedings, dated 02.09.2010. But the respondents failed to refund the security deposit and the provident fund amount. In spite of several representations, the respondents failed to return the same. However, subsequently, he received the impugned communication, dated 01.03.2016, wherein it is stated that the petitioner has not returned to duty voluntarily from 27.08.2010. Since the said allegation is incorrect, the petitioner vide letters dated 10.03.2016 and 01.04.2016, denied the allegations. Inspite of the aforesaid letters, the respondents failed to pay the security deposit and provident fund amount. Thereafter, the petitioner had approached this Court by filing the present writ petition. 3. The respondents did not file any counter affidavit. However, the learned Counsel appearing for the respondents on instructions vehemently submitted that the petitioner has never resigned the said service but he voluntarily absented himself from 27.08.2010, for which he relied on the attendance register wherein it is stated that the petitioner was relieved from 01.09.2010 but the petitioner absented himself from 27.08.2010 to 31.08.2010. Therefore, the respondents prayed to sustain the impugned order. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 4. After hearing the rival submissions, this Court is of the considered opinion that the reliance placed by the respondents is incorrect, since the attendance register is stating that the petitioner is relieved from 27.08.2010. The long line drawn in the attendance register would be the evidence to the fact that the petitioner was relieved from 27.08.2010 onwards. Therefore, the said contention of the respondents is incorrect and the same is rejected. 5. Further, it is confirmed by the subsequent proceedings of the respondents, dated 02.09.2010, wherein one Sivakumar was reinstated in the service in the place of the petitioner. It is clearly stated as under: “jpUr;rpuhg;gs;sp lh];khf; kJghd rpy;yiw tpw;gidf; fil vz; 10257 – d; (kj;jpa NgUe;J epiyak;> jpUr;rp) tpw;gidahsh; jpU.R.rptFkhh; vd;gth; jd;dpr;irahf filg; gzpf;F fle;j 13.07.2010 Kjy; tuhky; ,Ue;jjd; fhuzkhf eph;thf eyd; fUjp mg;gzpaplk; epug;gg;gl;lJ. ,e;epiyapy; jpU.R.rptFkhh; kPz;Lk; gzp toq;ff;Nfhhpaijg; ghprPypj;J fil vz; (kWtD}h;) tpw;gidahsh; jpU.v];.nghd;dk;gyk; vd;gth; jdJ gjtpia uh[pdhkh nra;jjhy; Vw;gl;l fhyp gzpaplj;jpy; kPz;Lk; gzp toq;fp cj;jutplg;gLfpwJ.” From the above said proceedings, it is evident that the petitioner has submitted the resignation letter and thereafter, he was relieved from service. Therefore, he is 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 entitled to the security deposit as well as the provident fund amount. 6. Therefore, the respondents are directed to refund the security deposit to the tune of Rs.15,000/- with interest at the rate of 7% per annum from the date of filing this writ petition, i.e., 26.04.2017 till the date of payment. The respondents are directed to deposit the provident fund amount to the provident fund account and the petitioner shall withdraw the same as per law. The respondents are also directed to furnish the resignation acceptance letter to the petitioner. The above said directions shall be complied within a period of six weeks from the date of receipt of a copy of this order. 7. With the above said directions, the writ petition is allowed. No costs. 06.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg To 1.The District Collector, Pudukkottai, Pudukkottai District. 2.The Personal Assistant to District Collector, Noon Meal Scheme, Office of the District Collector, 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 Pudukkottai, Pudukkottai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.8329 of 2017 S.SRIMATHY, J. Tmg W.P.(MD).No.8329 of 2017 06.02.2025 7/7 https://www.mhc.tn.gov.in/judis