N.Nageswaran v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.37424 of 2024 N.Nageswaran ... Petitioner Vs.
1.The Principal Secretary to Government, Handlooms, Handicrafts, Textiles, Khadi Department, Secretariat, Chennai- 600 009.
2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, ''Kuralagam,'' Chennai-104.
3.The Regional Deputy Director, Khadi and Village Industries, Kumar Nagar, Tirupur- 3 4.The Assistant Director, Khadi and Village Industries, Kumar Nagar, Tirupur-3.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein Page No.1 of 5
to consider the representation dated 05.09.2024 and legal notice dated 06.09.2024 caused through his counsel and consequently to pay all the eligible terminal and monetary benefits with 18% interest, such as the salary for the suspended period from 02.03.2013 to 20.10.2013 which has not been regularized the periodical increments from 02.03.2013 to 31.01.2017, the difference in the revised salary from 01.01.2016 till the date of retirement is to be paid to the petitioner as per the fixation of pay under the TN revised scales of pay Rules, Gratuity and other Terminal Benefits, the encashment of the leave, and Regular Pension from the date of retirement i.e., from 01.02.2017 till date and other benefits entitled for the petitioner. For Petitioner : Mr.R.Jagdeesan For Respondents : Mr.V.P.R.Elamparithi Additional Government Pleader for R1 to R4
ORDER
The petitioner herein having worked as Supervisor (Leather) Grade IV in respondents/Board retired from service on attaining the age of superannuation on 31.01.2017. However, the terminal benefits of the petitioner have not been settled so far. Under these circumstances, the petitioner claimed to have submitted the representation dated 05.09.2024 before the respondents. According to the learned counsel for the petitioner the 1st respondent has already directed the 4th respondent through letter in Page No.2 of 5
Na.Ka.No.1963/O1/2017 dated 13.09.2024 to pay the amounts that are due and payable to the petitioner. But, inspite of the said direction issued by the 1st respondent and the entitlement for the petitioner for payment of terminal benefits, the 4th respondent is not releasing the amount in favour of the petitioner. Hence, seeks direction to the 4th respondent to pass appropriate orders on the representation dated 05.09.2024, legal notice dated 06.09.2024 and letter No. Na.Ka.No.1963/O1/2017 dated 13.09.2024 within a time frame.
3.Mr.Mr.V.P.R.Elamparithi Learned Additional Government Pleader appearing for the respondents 1 to 4 fairly submitted that the 4th respondent, would pass appropriate orders on the representation submitted by the petitioner, taking into consideration the contents of the legal notice and letter dated 13.09.2024 within a short time.
4.In the light of the above, the writ petition is disposed of directing the 4th respondent to consider the representation dated 05.09.2024, together with legal notice dated 06.09.2024, and pass appropriate orders thereon duly taking into consideration the letter No. Na.Ka.No.1963/O1/2017 dated Page No.3 of 5
13.09.2024 as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this order. No costs. 09.12.2024 vsn Index :
Yes/No Speaking Order :
Yes/No To 1.The Principal Secretary to Government, Handlooms, Handicrafts, Textiles, Khadi Department, Secretariat, Chennai- 600 009.
2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, ''Kuralagam,'' Chennai-104.
3.The Regional Deputy Director, Khadi and Village Industries, Kumar Nagar, Tirupur- 3 4.The Assistant Director, Khadi and Village Industries, Kumar Nagar, Tirupur-3.
Page No.4 of 5
MUMMINENI SUDHEER KUMAR,J.
vsn W.P.No.37424 of 2024 09.12.2024 Page No.5 of 5