M.Anbazhagan Retd. Secretary v. The President
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.09.2018
CORAM
THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.24983 of 2018 M.Anbazhagan ..... Petitioner Vs
1. The President, Sankarapuram Co-operative House Building Society Limited, Sankrapuram, Kalakurichi Main Road, Villupuram District - 606 401.
2. The Regional Deputy Registrar (Housing), Cuddalore, Cuddalore District.
3. The Assistant General Manager, The Tamil Nadu Co-operative Housing, Federation Limited, No.40, Ritherdon Road, Vepery Chennai - 600 007.
4. The Managing Director, The Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Vepery, Chennai 600 007 ..... Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to release the Staff Provident Fund Rs.7,57, 438.00/-, Staff Gratuity Fund Rs.4,46,195.00/-, Staff Security Deposit Rs.16,252.00/- along with 12% interest for the delayed payment of financial benefits from 31.01.2017 till the date of realization and pass further or other orders. For Petitioner : Mr.Vinod Paul Tyagaraj david For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader (Co-op)
O R D E R
The grievance of the petitioner is the inaction on the part of the 4th respondent to consider his representation forwarded by the 1st respondent to release his terminal benefit. Though the petitioner has retired on 31.01.2017, has made representation dated 25.08.2017 in this regard to release his retiral benefits for which he is entitled to. But till date no decision on the same having been taken and therefore, the petitioner has come to this Court seeking for a direction to the respondents to release the retiral benefits along with 12% interest for the delayed payment of financial benefits from 31.01.2017 till the date of realization.
2.
Mr.L.P.Shanmugasundaram, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2 submits that they have no role to play in this matter, inasmuch as, the 1st respondent has forwarded such representation to the 4th respondent, who has to settle the same in favour of the petitioner.
3.
Heard the learned counsel appearing for the petitioner, so also, Mr.L.P.Shanmugasundaram, learned Special Government Pleader accepts notice on behalf of respondents and also perused the materials on record.
4.
Considering the limited nature of the relief sought for by the petitioner, especially the fact that the petitioner being retired from service on 31.01.2017, he is entitled to his retirement benefit, but the same has not been released in his favour, this Court dispose of this writ petition at the stage of admission without seeking any reply affidavit, with a direction to the 4th respondent to look into the grievance of the petitioner made in the aforesaid representation dated 25.08.2017 and to take an informed and considered decision on the same, within a period of six weeks from the date of receipt of copy of this order, if there is no other legal impediment. However, it is made clear that this Court has not expressed any opinion on the merits of such representation submitted by the petitioner in any particular manner. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rka
To
1. The President, Sankarapuram Co-operative House Building Society Limited, Sankrapuram, Kalakurichi Main Road, Villupuram District - 606 401.
2. The Regional Deputy Registrar (Housing), Cuddalore, Cuddalore District.
3. The Assistant General Manager, The Tamil Nadu Co-operative Housing, Federation Limited, No.40, Ritherdon Road, Vepery Chennai - 600 007.
4. The Managing Director, The Tamil Nadu Co-operative Housing Federation Limited, No.40, Ritherdon Road, Vepery, Chennai 600 007...
+2cc to Mr.Daniel Tyagaraj, Advocate, S.R.No. 65868 +1cc to the Government Pleader, S.R.No. 66691 W.P. No.24983 of 2018 GN(28/09/2018)