J.Lourdunathan, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN J.Lourdunathan ... Petitioner Vs.

1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, No.170, N.V.Natarajan Maaligai, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to release the Gratuity amount payable to the petitioner as on date of retirement 28.02.2011.

For Petitioner : Mr.R.Jeyaram For Respondents : Mr.T.Chezhiyan Additional Government Pleader 1/5

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the 2nd respondent herein to release the Gratuity amount payable to the petitioner as on date of retirement 28.02.2011.

2. It is the contention of the learned counsel for the petitioner that the petitioner was employed as Junior Inspector in the Co-operative department on 01.11.1974 and he was retired on 28.02.2011 without prejudice to the disciplinary proceedings. He would further submit that the disciplinary proceedings were concluded on 18.04.2017. Despite the conclusion of the disciplinary proceedings, the respondents have not settled his gratuity amount. Hence, he made representations dated 28.08.2024 and 24.02.2025 to the 2nd respondent, and such representations are yet to be considered by the 2nd respondent. Hence the present writ petition.

3. The learned Additional Government Pleader appearing for the respondents would fairly submits that they would consider the petitioner's representation within a reasonable time.

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

5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the petitioner's representations dated 28.08.2024 and 24.02.2025 and pass order on it's own merits and in accordance with law, within a period of six 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 observations. No costs.

23.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 3/5

To 1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, No.170, N.V.Natarajan Maaligai, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

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C.KUMARAPPAN, J.

jas 23.06.2025 5/5