WP(MD)/27150/2026 of K.Selvaraj Vs The District Revenue Officer on 16 October 2026

ORDER

The petitioner, a Driver of the Tiruchirapalli District Cooperative Milk Producers Union Ltd., Tiruchirapalli was allowed to retire from service, however, the retirement benefits due to him have not been settled fully. By the order impugned in this writ petition, a sum of Rs.15,00,000/- has been withheld by the respondent, by referring to the MCOP proceedings pending on the file of the Motor Accidents Claims Tribunal, Tiruchirappalli, in MCOP No.312 of 2025. Aggrieved by that, the petitioner is before this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner, while driving the respondent vehicle has involved in an accident, for which a criminal case in Crime No.547 of 2023 was registered on the file of the Manapparai Police Station. The injured has filed a claim petition before the Motor Accidents Claims Tribunal and the same is pending in MCOP No.312 of 2025. By referring to the MCOP proceedings, the retirement benefits due to the petitioner to an extent of Rs.15,00,000/- have been withheld by the respondent. The learned counsel further states that the vehicle involved in the accident was insured and the insurance was also in force. According to the learned counsel, withholding the terminal benefits due to this petitioner on the __________

( Uploaded on: 26/10/2026 06:16:50 pm )

WP(MD) No. 27150 of 2026 ground that the claim petition is yet to be decided is not proper. Therefore, the impugned order is liable to be set aside.

3. The learned standing counsel appearing for the respondent states that, the total terminal benefits due to this petitioner is Rs.31,90,687/- out of which, a portion of the amount has been disbursed to him and a sum of Rs.15,00,000 has been withheld, in view of the pendency of the MCOP proceedings. The learned standing counsel by referring to paragraph No.11 of the counter affidavit submits that the petitioner has executed an indemnity bond on 20.01.2026 giving an undertaking that he would not initiate any proceedings as against the Union in respect of his service benefits and having given an undertaking, the petitioner is estopped from claiming any retirement benefits. Further the petitioner has failed to inform the Union General Manager regarding the accident and the registration of the criminal case.

4. The learned counsel for the petitioner in response to the above submits that there is no fault on the part of the petitioner and his name was not included in the FIR in Crime No.547 of 2023 on the file of the Manpparai Police Station and he was not arrested. This case in Crime No.547 of 2023 was closed as mistake of facts in RCS No.463 of 2026 __________

( Uploaded on: 26/10/2026 06:16:50 pm )

WP(MD) No. 27150 of 2026 and therefore, there is no possibility for this petitioner to have knowledge of registration of this criminal case. This undertaking was obtained by the respondent under threat and coercion that he will not be allowed to retire and will not get the retirement benefits. Therefore, this cannot be a ground to deny the benefits and moreover, disciplinary proceedings was initiated as against the petitioner, he was imposed with a punishment of stoppage of increment for a period of one year and it was also implemented.

5. This court has considered the rival submissions made.

6. The petitioner, who served as a Driver in the respondent Union has retired from service on attaining the age of superannuation on 31.01.2026. It appears that the petitioner during his service has involved in an accident, while driving the Aavin vehicle bearing registration No. TN 45 BH 9340, dated 31.10.2023. For this accident, a criminal case has been registered in Crime No.547 of 2023 on the file of the Manapparai Police Station for the offence under Sections 279 and 337 of IPC, which has also been closed as mistake of facts in RCS No.463 of 2026. It appears that the petition filed claiming compensation in MCOP.No.471 of 2024 before the Motor Accidents Claims Tribunal, Tiruchirappall is pending. __________

( Uploaded on: 26/10/2026 06:16:50 pm )

WP(MD) No. 27150 of 2026

7. Admittedly the vehicle of Aavin involved in the accident is insured with the Oriental Insurance Company Limited. The insurance company is also a party to the said proceedings. Since the proceedings are pending in MCOP No.312 of 2015, it appears that the respondents have withheld the amount as per the undertaking. The retirement benefit is a right of an retired employee and that it needs to be disbursed to the petitioner. However, considering the submission of the Union that in case the liability is fixed on the management for the said accident in Crime No.547 of 2023 by the Motor Accidents Claims Tribunal, then the Union has to suffer, this writ petition is disposed of with a direction to the respondent to disburse the balance amount of Rs.15,00,000/-(Rupees Fifteen Lakh) to the petitioner within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall provide a bank guarantee for a sum of Rs.5,00,000/- (Rupees Five Lakh) to the respondent.

8. The Motor Accidents Claims Tribunal, Tiruchirappalli is directed to dispose the case in MCOP.No.312 of 2025 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. No costs. 16-10-2026 DSK __________

( Uploaded on: 26/10/2026 06:16:50 pm )

WP(MD) No. 27150 of 2026 To

1. The District Revenue Officer / General Manager (Aavin) Tiruchirapalli District Co-operative Milk Producers Union Ltd., Pudukottai Road, Kottapattu, Kaja Nagar Post, Tiruchirapalli-620 023

2. The Judge, The Motor Accidents Claims Tribunal, Tiruchirappalli. __________

( Uploaded on: 26/10/2026 06:16:50 pm )

WP(MD) No. 27150 of 2026 B.PUGALENDHI, J. DSK WP(MD) No. 27150 of 2026 16-10-2026 __________

( Uploaded on: 26/10/2026 06:16:50 pm )