Madras High Court
WP/4633/2023 of S.Sivaraju Vs The Regional office on 18 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 4633 of 2023 and
WMP.No.4629 of 2023
CNR: {HCMA010272172023}
S.Sivaraju
..Petitioner(s)
Vs
1. The Regional Office In- Charge,
Power Loom Development and Export
Promotion Council,
Tax-Valley Market Private Limited,
Basement No.1, Gangapuram Post,
Erode- 638 102
2. The Chairman
Power Loom Development and Export
Promotion Council,
CG-2, Ground Floor,
Gundecha Onclave, Kherani Road,
Andheri (E), Mumbai- 400 073.
3. The Secretary
Ministry of Textiles,
Government of India, New Delhi.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus praying to call for the records in PDEXCIL MUM / Staff Committee / 59 / 2020 - 21 / 171 dated 10.11.2020 and quash the same consequently direct the 2nd respondent to treat the letter dated 08.10.2020 given by the Petitioner as Voluntary Retirement of service instead of resignation and pay the entire monetary benefits applicable to Voluntary Retirement of Service.
For Petitioner(s):
V.Chinnasamy
For Respondent(s):
M/s.A.Muthusubramaniam for R1 and R2
No appearance-R3
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ORDER
The present writ petition has been filed challenging the impugned order dated 10.11.2020.
2. It is the submission of the learned counsel for the petitioner that as per the Power Loom Development and Export Promotion Council Regulations, if any VRS has been given by an employee, who joined at the age of 35 and giving the request at the age of 50 then the Government has no other option except to accept the VRS request. It is the submission of the petitioner that on account of transfer of the petitioner from Erode to Mumbai, he has submitted VRS resignation due to his family circumstances vide application dated 08-10- 2020. On perusal of the record, the said request was not accepted by stating that the VRS in Power Loom Development and Export Promotion Council hereinafter referred to as “PDEXCIL” is not admissible and it was treated as resignation of service.
3. The learned Standing Counsel for the respondents 1 and 2 submits that they have already settled the dues with the petitioner and therefore, nothing survives in the present writ petition. Hence, he prayed to dismiss the writ petition.
4. Though the matter is pending for three years, no counter has been filed.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. While looking into the VRS application dated 08.10.2020, the petitioner has stated that he has explained about his family circumstances and seeks VRS. By impugned order dated 10.11.2020, such letter was treated as a resignation. Now, the point to be considered is whether the respondent has got any discretion to treat the VRS application as resignation. At this juncture, the learned counsel for the petitioner invited the attention of this Court to the Central Government Pension Rules, 1972 and the same is scanned hereunder:-
7. According to the CCS (Pension) Rules, 1972, under Section FR 56(k), a Group A and B officers are eligible to have a VRS if they enter into the service before 35 years of age and after attaining the age of 50 years. In the case on hand, the petitioner had served in the respondent council for more than 23
years. It is his submission that the petitioner had joined in the respondent council at the age of 33 years and retired after attaining the age of 50 years. Therefore, he was eligible for a VRS scheme. The learned counsel also relies upon the Pension Rule 48 (1)(a) of CCS (Pension) Rules, 1972 and according to the Rule 48 (1)(a) of CCS (Pension) Rules, if any VRS application is submitted, there is no other option to the Department to reject it or withhold the permission and such right is available to the respondent only when the employee is under suspension. In this case, admittedly, the petitioner is not in suspension. Therefore, as rightly contended by the learned counsel for the petitioner, treating of the VRS application as a resignation is contrary to the Central Government Service Rules. Therefore, the same is liable to be interfered with. Hence, the present writ petition is allowed by treating the application of the petitioner dated 08.10.2020 as a VRS application and the respondents are directed to settle the petitioner's terminal benefits by treating him as retired on Voluntary Retirement Scheme.
8. At this juncture, the learned counsel for the petitioner fairly submitted that the respondent had settled a sum of Rs.14,14,277/- on 10.08.2021. After deducting the above said amount, if there is any other amount due to the petitioner while treating the petitioner as retired voluntarily, the balance terminal benefits is directed to be settled within a period of eight weeks from the date of receipt of a copy of this order.
9. With this direction, the writ petition stands allowed. Consequently, the connected miscellaneous petition is closed. No costs. 18-09-2026 Index: Yes Speaking order Neutral Citation: Yes NR To
1. The Regional Office In- Charge, Power Loom Development and Export Promotion Council, Tax-Valley Market Private Limited, Basement No.1, Gangapuram Post, Erode- 638 102
2. The Chairman Power Loom Development and Export Promotion Council, CG-2, Ground Floor, Gundecha Onclave, Kherani Road, Andheri (E), Mumbai- 400 073.
3. The Secretary Ministry of Textiles, Government of India, New Delhi.
C.KUMARAPPAN, J. NR WP No. 4633 of 2023 and WMP.No.4629 of 2023 18-09-2026