S.Manickavasagam v. General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.80 of 2020 S.Manickavasagam .. Petitioner vs General Manager, Dharmapuri District Co-operative Milk Producer Union, Salem Byepass Road, Krishnagiri - 635002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay interest @ 18% P.A. For the belated payments made by the respondent in respect of surrender leave salary, gratuity, contributory superannuation fund and private affairs leave encashment at the earliest. For Petitioner : Mr.N.Jayabharathi For Respondents : Mr.R.Bala Ramesh Special Government Pleader ( Co-op)

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the first respondent to pay interest for the belated payment in respect of surrender leave salary, gratuity, contributory superannuation fund and private affairs leave encashment.

2. The case of the petitioner is that he was working in the respondent society and after being in service for 32 years of service, he retired from service on attaining superannuation on 31.10.2006. According to the petitioner, there was a delay in disbursing the retirement benefits and therefore, he made representations to the respondent for sanctioning interest on the belated payment of his terminal benefits. Since the same was not disposed of and no orders were passed, the present Writ 1/2 https://hcservices.ecourts.gov.in/hcservices/

Petition has been filed before this Court.

3. Heard Mr.N.Jayabharathi, learned counsel appearing on behalf of the petitioner and Mr.R.Bala Ramesh, Special Government Pleader appearing on behalf of the respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the respondent to consider the representation made by the petitioner on 31.07.2019 and pass appropriate orders strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to give fresh representation along with a copy of the representation dated 31.07.2019 and a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar bkn To The General Manager, Dharmapuri District Co-operative Milk Producer Union, Salem Byepass Road, Krishnagiri - 635002.

+1cc to M/s.Bala Ramesh Advocate sr1089 +1cc to M/s.N.Jayabharathi Advocate sr1414 W.P.No.93 of 2020 aa05/02/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/