D.Sundaramoorthy v. The Deputy Director Of Horticulture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P. No. 6330 of 2022 D. Sundaramoorthy ...Petitioner Vs.

1. The Deputy Director of Horticulture, Horticulture Department, Cuddalore.

2. The Assistant Director of Horticulture, Kurnchipadi, Cuddalore District.

3. The Director of Horticulture, Wallahgah Road, PWD Estate, Chepauk, Triplicane, Chennai -5. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the first respondent to issue the petitioner's earned leave salary, gratuity, family benefit fund to the petitioner. For Petitioner : Mr. K. Srinivasan For Respondent : Mr. M. Bindran Additional Government Pleader

ORDER

The writ petition is filed for the issuance of a writ of mandamus directing the first respondent to issue earned leave salary, gratuity and family benefit fund to the petitioner.

2. According to the petitioner, he has made a representation dated 18.03.2020 to the respondent seeking for payment of the earned leave salary, gratuity and family benefit fund to him. https://hcservices.ecourts.gov.in/hcservices/

But so far the said amount has not been settled for the reason that a criminal case is pending before the Chief Judicial Magistrate, Cuddalore.

3. In view of the above, it is for the respondent to grant the aforesaid benefit if the petitioner is otherwise eligible. Therefore, this court is inclined to direct the respondents to consider the petitioner's representation dated 18.03.2020 and pass appropriate orders if he is otherwise eligible on merits and in accordance with law, as expeditiously as possible, within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to say that this court has not issued any positive orders to the respondents, and only if the petitioner is otherwise eligible, the same shall be considered by the authority concerned.

4. In view of the above observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar mrn To

1. The Deputy Director of Horticulture, Horticulture Department, Cuddalore.

2. The Assistant Director of Horticulture, Kurnchipadi, Cuddalore District.

3. The Director of Horticulture, Wallahgah Road, PWD Estate, Chepauk, Triplicane, Chennai -5.

+1cc to the Government Pleader, SR.No.19145 W.P. No. 6330 of 2022 SV(CO) CB(04/04/2022) https://hcservices.ecourts.gov.in/hcservices/