K.Sampath v. The Commissioner Of Milk Production And Dairy Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN K.Sampath ... Petitioner Vs.
1.The Commissioner of Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai 600 051.
2.The General Manager, Villupuram-Cuddalore District Cooperative Milk Producers Union Limited, Kanadamanadi Post, Vazhatha Reddy, PB No.61, Villupuram 605 401.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, by directing the Respondents to effect payment of the retirement benefits including Aavin Pension, Gratuity, Provident Fund and Leave Salary to the Petitioner together with interest at the rate of 12% p.a., from the date of retirement i.e., 31.05.2022 till date of payment within a time frame to be fixed by this Court. For Petitioner : M/s.S.Rajeni Ramadass For Respondents : Mr.V.Umakanth Government Advocate
O R D E R
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By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to effect payment of the retirement benefits including Aavin Pension, Gratuity, Provident Fund and Leave Salary to the Petitioner together with interest at the rate of 12% p.a., from the date of retirement i.e., 31.05.2022 till date of payment within a time frame to be fixed by this Court.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the petitioner has joined in the services of the 2nd respondent during 1987 as Extension Officer Grade - 2 and he was promoted as Extension Officer Grade-1 on 04.11.2015. It is the submission of the petitioner that after rendering 35 years of service and on attaining the age of superannuation, he 2/6
retired from service on 31.05.2022 and for the past three years, the respondents did not settle his terminal benefits. In this connection, he has sent many representations. It is the further submission of the petitioner that without any authority, the respondents are refusing to settle the petitioner's terminal benefits, which would offend the right to life of the petitioner.
5. Per contra, the learned Government Advocate appearing for the respondents would contend that only upon the personal guarantee of the petitioner, certain credits are given to the parties and still certain amount has to be collected by the petitioner and only on the above reason, they did not settle the retirement benefits to the petitioner.
6. Though this Court is not in a position to agree with the contention of the learned Government Advocate, the fact remains that the petitioner's representation dated 04.12.2024 is yet to be considered by the 2nd respondent.
7. In such view of the matter, without going into the merits of the writ petition, this Court deems it appropriate to direct the 2nd respondent to consider the petitioner's representation dated 04.12.2024 and pass orders on 3/6
it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.
8. With the above direction, the Writ Petition is disposed of. No costs. 02.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6
To 1.The Commissioner of Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai 600 051.
2.The General Manager, Villupuram-Cuddalore District Cooperative Milk Producers Union Limited, Kanadamanadi Post, Vazhatha Reddy, PB No.61, Villupuram 605 401.
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C.KUMARAPPAN, J.
dm 02.07.2025 6/6