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Madras High CourtWP/8108/2024disposed of

M.Mohan Kumaramangalam v. The Additional Chief Secretary

2024-03-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Mohan Kumaramangalam

...Petitioner

-Vs1.The Additional Chief Secretary to Government, Animal Husbandry Dairying, Fisheries and Fishermen Welfare Department, Chennai.

2.The Managing Director Tamil Nadu Co-operative Milk Producers'

Federation Limited, Aavin Illam 3A, Pasumpon Muthuramalinganar Salai Nandanam, Chennai-600 035.

3.The Commissioner/Registrar Milk Production and Dairy Development Madhavaram, Chennai-600 051.

4.The District Collector/Special Officer The Erode District Cooperative Milk Producers' Union Limited, Erode-638 316.

5.The General Manager The Erode District Cooperative Milk Producers' Union Limited, (Union Registration No.ED296) Vasavi College Post, Erode-638 316.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent No.5 herein to pay the retirement benefits without any deduction together with interest at the rate of 12% per annum based on the petitioner's representation dated 22.02.2024 within a stipulated time frame fixed by this Court. For Petitioner : Mr.B.M.Subash For Respondents : Mr.K.Tamilvendan Government Advocate

ORDER

This Writ Petition has been filed for a direction directing the fifth respondent to pay the terminal benefits to the petitioner with applicable interest.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as ITI Helper in the fifth respondent on 16.07.1988. Thereafter, the petitioner was promoted to the post of Operator on 22.06.1989. The designation of the Operator was re-designated as Technical Operator. Thereafter, he retired from service on attainment of age of superannuation. However, the petitioner was not settled with any retirement benefits, such as gratuity amount, earned leave and unearned leave encashment so far by the fifth respondent. Hence, this writ petition.

4. Considering the facts and circumstances of the case, the fifth respondent is directed to settle the retirement benefits to the petitioner with applicable interest, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

28.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Additional Chief Secretary to Government, Animal Husbandry Dairying, Fisheries and Fishermen Welfare Department, Chennai.

2.The Managing Director Tamil Nadu Co-operative Milk Producers'

Federation Limited, Aavin Illam 3A, Pasumpon Muthuramalinganar Salai Nandanam, Chennai-600 035.

G.K.ILANTHIRAIYAN. J,

Lpp 3.The Commissioner/Registrar Milk Production and Dairy Development Madhavaram, Chennai-600 051.

4.The District Collector/Special Officer The Erode District Cooperative Milk Producers' Union Limited, Erode-638 316.

5.The General Manager The Erode District Cooperative Milk Producers' Union Limited, (Union Registration No.ED296) Vasavi College Post Erode-638 316.

28.03.2024