K.Tamilvendan v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

1. K.Tamilvendan

2. S.Manoharan

3. P.Kandasamy

4. P.Pazhaniammal

5. D.Segar

6. V.Jayamoorthy

7. R.Surendirarajan

8. K.Krishnamurthy ... Petitioners Vs.

1. Union of India Rep. by its Secretary to Government, Co-Operative Department, Union Territory of Puducherry, Chief Secretary Puducherry-605 001.

2. The Registrar of Co-operative Societies, Office of the Registrar of Co-Operative Societies, V.V.P.Nagar, Thattanchavady Puducherry-605 009.

3. The Pondicherry Fair Price Shop Employees Co-Operative Societies Ltd., No.P 690 Rep. by its Administrator No.A-38, 3rd Main Road, Industrial Estate, Thattanchavadi Puducherry-605 009

4. The Managing Director, 1/5

The Pondicherry Fair Price Shop Employees Co-Op. Societies Ltd., No.P 690 No.A-38, 3rd Main Road, Industrial Estate, Thattanchavady, Puducherry-605 009.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the respondents to pay the arrears of salary, gratuity amount, EPF amount and earned leave Encashment amount and pensionary benefits to the petitioners within a time fixed by this Hon'ble Court.

For Petitioner : Ms.Rajkumari.D For Respondents : Mr.J.Kumaran Additional Government Pleader (Pondy) for R1 & R2 Mr.R.Sreedhar Standing Counsel for R3 & R4 *****

O R D E R

The instant writ petition has been filed seeking the relief of writ of Mandamus, directing the respondents to pay the arrears of salary, gratuity amount, EPF amount and earned leave Encashment amount and pensionery benefits to the petitioners within a time fixed by this Hon'ble Court. 2/5

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The learned counsel for the petitioners would submit that the petitioners are retired from service, however, still the 3rd respondent did not pay the arrears of salary and pensionary benefits. In this regard, the petitioners have sent a joint representation on 03.04.2025. The learned counsel for the petitioners would further submit that in view of the delay in considering the representation of the petitioners, they are suffering financial constraints.

4. The learned Additional Government Pleader would fairly concede that they would consider the representation according to its own merits.

5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioners is yet to be considered, this Court without going into the merits of the matter, deems it appropriate to direct the 4th respondent to consider the representation dated 03.04.2025 and pass orders on it's own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is disposed of with the above directions. There shall be no order as to costs. 3/5

02.06.2025 (2/2) kmi Index : Yes /No Speaking order To

1. Secretary to Government Union of India Co-Operative Department, Union Territory of Puducherry, Chief Secretary Puducherry-605 001.

2. The Registrar of Co-operative Societies, Office of the Registrar of Co-Operative Societies, V.V.P.Nagar, Thattanchavady Puducherry-605 009.

3. The Pondicherry Fair Price Shop Employees Co-Operative Societies Ltd., No.P 690 Rep. by its Administrator No.A-38, 3rd Main Road, Industrial Estate, Thattanchavadi Puducherry-605 009

4. The Managing Director, The Pondicherry Fair Price Shop Employees Co-Op. Societies Ltd., No.P 690 No.A-38, 3rd Main Road, Industrial Estate, Thattanchavady, Puducherry-605 009.

4/5

C.KUMARAPPAN, J.

kmi 02.06.2025 5/5