Madras High CourtWP/23198/2023disposed of

P.K.Marshal Tito v. The Director

2023-08-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR P.K.Marshal Tito

...Petitioner

Vs.

1. The Director, The Institute of Road Transport, 100 Feet Road, Taramani, Chennai 600 113.

2. The Dean, IRT Perundurai Medical College and Hospital, Perundurai, Erode District.

Now renamed as The Director of Medical Education, Government Erode Medical College & Hospital, Erode District.

...Respondents

Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 22.06.2023 and consequently direct the respondents to disburse the pending service monetary benefits including gratuity together with interest to the petitioner.

For Petitioner : Mr.R.Gouri For Respondents : Mr.V.P.R.Elamparithi, Additional Government Pleader 1/5

ORDER

This petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 22.06.2023 and consequently direct the respondents to disburse the pending service monetary benefits

2. The petitioner had put in 30 years of service in the second respondent College and he attained superannuation on 31.12.2022. Alleging misappropriation, the petitioner was suspended from 02.12.2004 to 16.06.2006. Challenging the stoppage of increment for two years with cumulative effect, the petitioner filed WP.No.28284 of 2011 and the same allowed by order dated 27.11.2017. Aggrieved over the same, the Management filed W.A.No.1587 of 2018, which was partly allowed by judgment dated 23.08.2018. Subsequently, the petitioner's suspension period was regularized.

3. The grievance of the petitioner is that though he retired from service on 31.12.2022, monetary benefits including gratuity has not been paid. Therefore, the petitioner made a representation dated 22.06.2023, but the same has not been considered. 2/5

4. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered in accordance with law.

5. On a perusal of the representation dated 22.06.2023, it is seen that the petitioner has given break up details of the amounts to be paid by the respondents viz., Surrender of Earned Leave, Gratuity etc., for the service rendered by him in the respondent College.

6. Considering the submissions made on either side, this Court without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 22.06.2023 and pass appropriate orders as per Rules, within a period of two months from the date of receipt of a copy of this order. No costs. 08.08.2023 Index : Yes/No pvs 3/5

1. The Director, The Institute of Road Transport, 100 Feet Road, Taramani, Chennai 600 113.

2. The Dean, The Director of Medical Education, Government Erode Medical College & Hospital, Erode District.

4/5

N.SATHISH KUMAR .J., pvs 08.08.2023 5/5