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Madras High CourtWP/2723/2015disposed of

N.Karunakaran, v. State,

2015-03-05Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.2723 of 2015 1 N.Karunakaran .. Petitioner Vs.

1 State Rep. by its Secretary to the Government Animal Husbandry and Dairy Development Department Secretariat, Chennai-9.

2 The Commissioner Milk Production and Dairy Development Madhavaram Milk Colony, Chennai-51.

3 The General Manager Dharmapuri District Co-operative Milk Producers Union Limited Kanakkamutlu Post Krishnagiri-635002.

4 The Assistant General Manager (Accounts) Dharmapuri District Co-operative Milk Producers Union Limited Kanakkamutlu Post Krishnagiri-635002.

5 The Accounts Officer E.P.F. Trust Tamil Nadu Co-operative Milk Producers Federation Limited Madhavaram Milk Colony Chennai-51.

.. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents to settle all the retirement benefits to the petitioner along with the surrendered leave salary for 240 days and 90 days of un-earned leave salary.

For Petitioner : Mrs.Bharani Subbarayan for Mr.K.V.Sajeev Kumar for M/s.Royan Law Associates For Respondents : Mr.D.Venkatachalam for R1, R2 & R5 Mr.T.K.Ashokkumar for R3 & R4

O R D E R

The petitioner was initially appointed as Junior Assistant and thereafter promoted as Assistant and finally as Superintendent.

The petitioner on attaining the age of superannuation retired on 30.06.2014. It is the grievance of the petitioner that notwithstanding the recommendation made by the Commissioner of Milk Production and Dairy Development dated 8.11.2014, his terminal benefits were not settled. The petitioner submitted a representation dated 21.10.2014 and reminder on 18.1.2015, requesting the third respondent to disburse the terminal benefits. However, there was no follow up action taken by the respondents, resulting in filing the Writ Petition.

2. Heard the learned counsel for the petitioner, the learned counsel for respondents 1, 2 and 5 and the learned counsel appearing on behalf of respondents 3 and 4.

3. The third respondent is directed to consider and dispose of the representation submitted by the petitioner dated 21.10.2014 on merits and as per law and in the light of the proceedings dated 8.11.2014 on the file of second respondent. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ajr

To The Secretary to the Government Animal Husbandry and Dairy Development Department Secretariat, Chennai-9.

2 The Commissioner Milk Production and Dairy Development Madhavaram Milk Colony, Chennai-51.

3 The General Manager Dharmapuri District Co-operative Milk Producers Union Limited Kanakkamutlu Post Krishnagiri-635002.

4 The Assistant General Manager (Accounts) Dharmapuri District Co-operative Milk Producers Union Limited Kanakkamutlu Post Krishnagiri-635002.

5 The Accounts Officer E.P.F. Trust Tamil Nadu Co-operative Milk Producers Federation Limited Madhavaram Milk Colony Chennai-51.

1 cc to M/s.T.K. Ashokkumar, Advocate, sr. 12662 1 cc to Government Pleader, Sr. 12561 1 cc to M/s. Royan Law Associates, Advocates, sr. 12366 W.P.No.2723 of 2015 MP (CO) kk 19/3