P.O.Pitchaimuthu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24969 of 2024 P.O.Pichaimuthu ... Petitioner Vs.

1.The Managing Director, North Madras Co-operative Wholesale Stores Ltd., No.58, Ibrahim Salai, Chennai - 1.

2.The Deputy Registrar, No.58, Ibrahim Salai, Chennai - 1.

3.The Additional Registrar of Co-operative Societies, Chennai Region, No.91, St.Maries Road, Abiramapuram, Mylapore, Chennai - 4.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondent to consider the petitioner's representation dated 22.06.2023 and 30.07.2024 within a time frame. For Petitioner : Mr.T.S.Baskaran For Respondents : Mrs.Geetha Thamaraiselvan Special Government Pleader 1/4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representations made by the petitioner on 22.06.2023 and 30.07.2024 and to pass appropriate orders within the time frame fixed by this Court.

2.Heard Mr.T.S.Baskaran, learned counsel appearing on behalf of the petitioner and Mrs.Geetha Thamaraiselvan, learned Special Government Pleader appearing on behalf of the respondents.

3.The case of the petitioner is that he joined as a Packer (Sales Assistant) in the year 1986 in North Madras Co-operative Wholesale Store Ltd. The petitioner was also enrolled in the employees Provident Scheme, 1952 and Employees Pension Scheme 1995. The petitioner continued in service till 31.05.2023 and ultimately, attained superannuation. The petitioner on attaining superannuation is entitled to get the retirement benefits and pension as per the service rules. However, the grievance of the petitioner is that the respondents did not pay any 2/4

terminal benefits including pension.

4.The specific case of the petitioner is that there was no disciplinary proceedings pending against him and there was no prohibition in payment of the terminal benefits including pension. In view of the same, the petitioner gave repeated representations which did not evoke any response. Hence, the present writ petition has been filed before this Court seeking for appropriate directions. 5.Taking into consideration the facts and circumstances of the case and the materials that are placed before this Court, there shall be a direction to the 1st respondent to deal with the representation dated 30.07.2024 on its own merits and in accordance with law and take a decision, within a period of six weeks from the date of receipt of copy of this order.

6.The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. 3/4

N. ANAND VENKATESH, J.

ssr 7.This writ petition is disposed of with the above directions. No Costs. 30.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Managing Director, North Madras Co-operative Wholesale Stores Ltd., No.58, Ibrahim Salai, Chennai - 1.

2.The Deputy Registrar, No.58, Ibrahim Salai, Chennai - 1.

3.The Additional Registrar of Co-operative Societies, Chennai Region, No.91, St.Maries Road, Abiramapuram, Mylapore, Chennai - 4.

W.P.No.24969 of 2024 4/4