T.Vedavyasan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9973 of 2017 T.Vedavyasan ..
Petitioner -vs1. The Government of Tamil Nadu rep.by its Principal Secretary to Government Department of Agriculture Fort St.George, Chennai 600 009
2. Registrar of Agro Engineering Service/ Director of Agriculture O/o Director of Agriculture Chepauk, Chennai ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pay the entire service/terminal benefits as demanded by the petitioner by his representation dated 10.12.2016 and pay a sum of Rs.30,35,259/- along with interest and compensation with calculation details.
For Petitioner :: Mr.U.Karunakaran For Respondents :: Mr.T.M.Pappiah Special Government Pleader
ORDER
The petitioner has come to this Court seeking issuance of a writ of mandamus directing the respondents to pay the entire service/terminal benefits as demanded by the petitioner in his representation dated 10.12.2016.
2. The petitioner was appointed as Block Manager vide order Adm.3/4771/86 dated 19.8.86 in the AGROFED Organisation, which is coming under the Department of Agricultural Engineering. After sometime, AGROFED Organisation was closed down by G.O.Ms.No.385, Agriculture AEII Department dated 27.11.2002. Pursuant to the said Government Order, a circular in Rc.4174/Adm.1/2004 dated 21.1.2004 was issued by the Special Officer of AGROFED, Chennai for submission of report regarding
the payment of salary arrears, EPF, leave salary etc., for providing service benefits and compensation. In continuation of the same, the Special Officer of AGROFED gave a notice on 26.8.2004 to pay the terminal benefits on 30.9.2004 to all the retrenched/terminated employees. However, the said notice was revoked by the Special Officer of AGROFED on 27.9.2004 and consequently a notice dated 28.10.2004 was issued stating that the AGROFED Organisation would be closed on 30.11.2004 and thereupon as per Section 25FFF, all terminal benefits and compensation would be given. But till date, no such terminal benefits were disbursed. Therefore the petitioner has given a representation on 10.12.2016 and since the said representation has not been considered, he has been advised to come to this Court.
3. Mr.T.M.Pappiah, learned Special Government Pleader, taking notice on behalf of the respondents, sought eight weeks time to consider and pass appropriate orders on the pending representation of the petitioner.
4. This Court, without going to the merits of the matter, hereby directs the respondents to consider and dispose of the pending representation of the petitioner in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
-s/dAssistant Registrar(CSVIII) True Copy Sub-Assistant Registrar ss To
1. The Principal Secretary to Government Department of Agriculture Fort St.George Chennai 600 009
2. Registrar of Agro Engineering Service/ Director of Agriculture O/o Director of Agriculture Chepauk Chennai 600 005
+1 cc to Mr.U.Karunakaran Advocate sr 25380 +1 cc to Government Pleader sr 24738 W.P.No.9973 of 2017 scd(co) aa04/05/2017