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Madras High CourtWP/11885/2017disposed of

K.Subramanian, v. The General Manager

2018-08-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.11885 of 2017

1. K.Subramanian

2. J.Kuppusamy

3. R.Ramasamy

4. N.Murugan

5. V.Chinnathambi

6. K.Vadivel

7. C.Vediappan

8. V.Murugan

9. K.Vediappan

10. M.Sadasivam

11. C.Chennakrishnan

12. M.Mariappan

13. A.Govindasamy

14. L.Murugesan

15. G.Mani

16. C.Jaganathan

17. M.Nainan ... Petitioners ..Vs..

1. The General Manager, (Administration), Gratuity Trust Fund, Tamil Nadu Civil Supplies Corporation, Head Office, Kilpauk, Chennai - 10.

2. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Dharmapuri.

3. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur.

... Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the individual representations dated 29.03.2017 made by the petitioners in the light of the circular dated 19.05.2014 issued by the first respondent with interest @ 12% per annum from the date on which the gratuity amount became due.

For Petitioners : Mr.J.Bharathiraja For Respondents : Mr.P.Paramasivadoss

O R D E R

The relief sort for in this Writ petition is to consider individual representations dated 29.03.2017 made by the petitioners in the light of the circular dated 19.05.2014 issued by the first respondent in respect of the payment of gratuity amount with interest.

2. The learned counsel appearing for the petitioners made a submission that the writ petitioners were originally recruited as Trainee Shop Assistants (TSAs/Bill Clerks (Bcs) under the services of Tamil Nadu Civil Supplies Corporation Limited, during the year 1978-85 in Amutham Village Fair Price Shops in Dharmapuri Region under the scheme of Corporation of Retain Trading Development Programme. The grievances of the writ petitioners are that the gratuity of amount for the Training period has not been disbursed, in accordance with the circular issued by the respondents organization. In this regard, the petitioners have submitted the individual representations on 29.03.2017 to the first respondent and the same are yet to be considered.

3. Thus, without going into the merits of the matter, the first respondent is directed to consider the representations submitted by the petitioners on 29.03.2017 and pass appropriate order, in accordance with law, within a period of twelve weeks from the date of the receipt of a copy of this Order. The writ petitioners are directed to submit the copies of the representations and other relevant documents along with the copy of this Order.

4. With the above directions, the writ petition is disposed of. Further no order as to cost.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kkn/rts To 1.The General Manager, (Administration), Gratuity Trust Fund, Tamil Nadu Civil Supplies Corporation,s Head Office, Kilpauk, Chennai-10.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Dharmapuri.

3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Regional Office, Thanjavur.

+1cc to Mr.J.Bharathiraja, Advocate, S.R.No.59050 W.P.No.11885 of 2017 SR(CO) GSP(19/09/2018)