Madras High CourtWP/19760/2023disposed of

R.Muthu v. The General Manager

2023-07-05Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR R.Muthu .. Petitioner

Versus

The General Manager The Krishnagiri District Coop. Milk Producers Union Ltd Kanagamutulu Post Salem Main Road, Krishnagiri District Tamilnadu - 635 001 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent pertain to the impugned order bearing Ref.No.30/Estt.1/2023 dated 31.01.2023 and quash the same, consequently direct the respondent to pay the petitioner's terminal benefits include gratuity, pension after with holding the excess made to the petitioner subject to his right of appeal/revision, considering the petitioner's representation dated 15.05.2023. For Petitioner : Mr.P.R.Thiruneelakandan

ORDER

This writ petition has been filed challenging the order of the respondent in order bearing Ref.No.30/Estt.1/2023 dated 31.01.2023 and quash the same, consequently direct the respondent to pay the petitioner's terminal benefits include gratuity, pension after with holding the excess made to the 1/4

petitioner subject to his right of appeal/revision, considering the petitioner's representation dated 15.05.2023.

2.It is the contention of the learned counsel for the petitioner that though the respondent vide the impugned order dated 13.03.2023 has quantified a sum of Rs.7,60,286/- towards revised pay arrears to be recovered from the writ petitioner, has now, withheld the entire terminal benefits payable to him.

3. Heard the learned counsel for the petitioner and perused the materials placed on record. Since, no adverse order is passed against the respondent, notice to the respondent is dispensed with.

4. On a perusal of the impugned order dated 31.01.2023, it would indicate that the respondent has clearly quantified that a sum of Rs.7,60,286/- is pending to be recovered from the petitioner towards revised pay arrears for the period from 01.04.2023 to 13.09.2017 and 01.10.2017 and 31.03.2019. Such view of the matter, the respondents are directed to release the other amount except the amount quantified by them forthwith to the petitioner. The petitioner is at liberty to workout as far as the quantified amount as per law. 2/4

5. Accordingly, this writ petition stands disposed of. No costs. 05.07.2023 dhk Index:Yes/No Internet: Yes/No To The General Manager The Krishnagiri District Coop. Milk Producers Union Ltd Kanagamutulu Post Salem Main Road, Krishnagiri District Tamilnadu - 635 001 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.19760 of 2023 05.07.2023 4/4