S.Dhamodaran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.16522 of 2024 S. Dhamodaran
...Petitioner
Vs
1. The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.
2. The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Madhavaram, Chennai 600 051.
3. The General Manager, Krishnagiri District Co-operative Milk Producer Union, Krishnagiri.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India 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 petitioner's retirement together with interest at the rate of 18% P.A for the delayed period from 31.10.2016 till the date payment at the earliest and pass orders.
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For Petitioner : Mr. N. Jaya Bharathi For Respondent-1 : Mr.V.P.R. Elampavithi Additional Government Pleader For Respondents 2 and 3 : Mr.I. John Arockiadass Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this writ petition 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 petitioner's retirement together with interest at the rate of 18% P.A for the delayed period from 31.10.2016 till the date payment at the earliest .
3. The case of the petitioner is that he is an retired employee from the 3rd respondent office. The grievance of the petitioner is that he has surrendered 240 days earned leave and made a request with the 3rd respondent to disburse the salary for the earned leave, but the 3rd 2/5
respondent has not turned up. Therefore, the petitioner gave a representation to the third respondent on 07.05.2024 with regard to the said issue. However, no action has been taken by the respondent till date. Hence this petition.
4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.
5. The learned Additional Government Pleader and the Government Advocate appearing for the respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.
6. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pass orders on the claim made with 6% interest P.A, within a period of twelve weeks from the date of receipt 3/5
of a copy of this Order.
7.With the above directions, this Writ Petition stands disposed of. No order as to costs.
06.11.2024 Index:Yes/No Speaking order/Non-speaking order smn To
11. The Secretary to Government, Animal Husbandry Dairying and Fisheries Department, Fort St. George, Chennai - 600 009.
2. The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Madhavaram, Chennai 600 051.
3. The General Manager, Krishnagiri District Co-operative Milk Producer Union, Krishnagiri.
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V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.16522 of 2024 06.11.2024 5/5