B.Sekar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN B.Sekar ... Petitioner Vs.
1.The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Fort St. George, Chennai - 600009.
2.The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Madhavaram, Chennai-600051.
3.The General Manager, Krishnagiri District Co-operative Milk Producer Union, Krishnagiri.
... 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 earned leave calculated at the rate of 32 days per year from 01.01.1990 till the date of the Petitioner's retirement with interest @ 18% P.A for the delayed period from 31.07.2019 till the date of payment at the earliest. For Petitioner : M/s.N.Jayabharathi For R1 and R2 : Mr.G.Nanmaran Special Government Pleader For R3 : Mr.V.Rajinikanth
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 earned leave calculated at the rate of 32 days per year from 01.01.1990 till the date of the Petitioner's retirement with interest at 18% per annum for the delayed period from 31.07.2019 till the date of payment at the earliest.
2. Mr.G.Nanmaran, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.Rajinikanth, learned counsel takes notice for the 3rd respondent.
3. The learned counsel for the petitioner would submit that the petitioner has joined as Casual Labourer on 10.10.1987 in the 3rd respondentUnion and he has retired from service on 31.07.2019 as Special Grade SFA and he is eligible to have leave encashment salary as per the rules. In this connection, he has sent a representation on 04.05.2023 and again on 05.04.2025 to the 3rd respondent. However, such representations have not been considered by the 3rd respondent, till date.
4. The learned counsel appearing for the respective respondents would 2/5
strongly object the entitlement of the petitioner.
5. However, the fact remains that the representations of the petitioner are yet to be considered by the 3rd respondent.
6. In such view of the matter, without going into the merits of the matter, this Court deems it appropriate to direct the 3rd respondent to consider the above representations of the petitioner dated 04.05.2023 and 05.04.2025 and pass order on it's own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs. 11.06.2025 Index : Yes/No Speaking Order / Non-Speaking Order dm 3/5
To 1.The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Fort St. George, Chennai - 600009.
2.The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Madhavaram, Chennai-600051.
3.The General Manager, Krishnagiri District Co-operative Milk Producer Union, Krishnagiri.
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C.KUMARAPPAN, J.
dm 11.06.2025 5/5