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Madras High CourtA/8125/2019ordered

Official Trustee Of Tamil Nadu v. No Respondent

2019-10-25Honourable Mr Justice R.Subbiah4 pages

R.SUBBIAH, J This application has been filed by the learned Administrator Genreal and Official Trustee (AG & OT) under Order XVI Rule 8 of the Madras High Court Original Side Rules and under Section 25 of the Office Trustee's Act 11 of 1913 praying for increase in monthly consolidated pay of Thiru.C.Ramadoss, Caretaker of Golden Car Choultry, Chidambaram of Nagai Visalakshi Ammal Trust Estate from Rs.3,000/- to Rs.6,000/- per month with effect from October 2019.

2. In the affidavit filed in support of the application, it is stated that the Trust Estate of Nagai Visalakshi Ammal is being administered by the Official Trustee of Tamil Nadu as per the order dated 22.02.1915 of this Court in C.S.No.363 of 1912 (Scheme Decree Document No.1). The property known as "Golden Car Choultry" bearing No.33, Pathinarukal Mandapam Street, Chidambaram belongs to the Trust Estate of Nagai Visalakshi Ammal. Thiru.C.Ramadoss was appointed as Care-taker of the Choultry on a consolidated pay of Rs.400/- p.m. Subsequently, his pay had been enhanced from Rs.400/- p.m. to Rs.1,000/- p.m. as per the order of this Court in A.No.1275 of 1997 in C.S.No.1 of 1933. Again, his pay had been enhanced from Rs.1,000/- to Rs.3,000/- p.m. as per the order of this Court, dated 05.02.2010 in A.No.556 of 2010 in C.S.No.363 of 1912 (Order Document No.2). Page No.1/4

3. It is further stated in the affidavit that a letter dated 25.09.2019 had been received from Thiru.C.Ramadoss, requesting for increase in his current pay of Rs.3,000/- (Letter Doc.No.3). It is also stated that his request deserves for consideration owing to present spiralling prices and increase in cost of living. The income of the Trust had gone up in view of the enhancement of rent for the Trust buildings.

4. The learned Official Trustee further averred in the affidavit that as per the records in the office of the A.G. & O.T. of Tamil Nadu, the funds position of the Trust as on 17.10.2019 is as follows: (Funds position Doc. No.3): Total Fixed Deposit Receipts : Rs.1,37,88,135 Less: Corpus Rs. 27, 91,595 ============= Rs.1,09,96,540 Cash on hand as on 17.10.2019 Rs. 7,06,970 ============= Fund positiion as on 17.10.2019 Rs.1,17,03,510 ============= Hence, the learned A.G. & O.T. had filed the present application for the relief stated supra.

5. Heard the learned A.G. & O.T. on the prayer who adverted to the averments made in the affidavit filed in support of this application.

6. This Court had perused the records.

7. Thus, taking into consideration the present cost of living, as also Page No.2/4

the spiralling prices, as submitted by the learned A.G. & O.T., this Court is of the view that the consolidated pay of the said Thiru.C.Ramadoss shall be enhanced from Rs.3,000/- to Rs.6,000/- p.m. with effect from October 2019, as prayed for by the applicant-A.G & O.T., which is reasonable on the factual aspects of the matter.

8. Accordingly, the present application is allowed. 25.10.2019 cs Page No.3/4

R.SUBBIAH, J cs A.No.8125 of 2019 in C.S.No.363 of 1912 25.10.2019 Page No.4/4