N.Vijaya v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN N.Vijaya ... Petitioner Vs.

1.The Commissioner Khadi Village Industries Commission KVIC No.126, Avvai Shanmugam Salai Gopalapuram Chennai 600 086 2.The Secretary Thirupathur Sarvodaya Sangam No.87, Gandhi Road Thirupathur Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the terminal benefits including gratuity due to the petitioner forthwith and grant such other relief which the Court may deem fit and proper under the circumstances of the case.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.C.Rajkumar *****

O R D E R

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The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to disburse the terminal benefits including gratuity due to the petitioner forthwith and grant such other relief which the Court may deem fit and proper under the circumstances of the case.

2. The learned counsel for the petitioner would submit that she was appointed as Assistant in the 2nd respondent-Branch during 1981 and subsequently, she was regularised in the year 1988. It is the case of the petitioner that based upon an Audit Report, she was suspended on the charges that there is a shortage of amount of Rs.1,92,238/-. It is the further submission of the petitioner that she has paid the shortage amount to the 2nd respondent. According to the petitioner, she superannuated on 13.04.2021. Inspite of superannuation during 2021, almost 4 years the petitioner did not settle her retirement benefits. Hence, she has sent a representation on 20.02.2025 and such representation is also yet to be pending.

3. Mr.C.Rajkumar, learned counsel takes notice for the respondents and the above said contention was strongly objected by the respondents. 2/4

4. Considering the fact that the representation of the petitioner is still pending with the respondents, without going into the merits of the matter, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 20.02.2025 on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs. 04.06.2025 Index : Yes Speaking order dm To 1.The Commissioner Khadi Village Industries Commission KVIC No.126, Avvai Shanmugam Salai Gopalapuram Chennai 600 086.

2.The Secretary Thirupathur Sarvodaya Sangam No.87, Gandhi Road Thirupathur Vellore District.

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C.KUMARAPPAN, J.

dm 04.06.2025 4/4