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Madras High CourtWP/1172/2025disposed of

N. Rajaram v. The Chairman And Managing Director

2025-01-21Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN N. Rajaram ... Petitioner ..Vs..

1. The Chairman and Managing Director, Tamil Nadu Police Housing Corporation Limited, No. 132, E.V.R. Periyar Salai, Kilpauk, Chennai - 600 010.

2. The General Manager (F&A), Tamil Nadu Police Housing Corporation Limited, No. 132, E.V.R. Periyar Salai, Kilpauk, Chennai - 600 010.

3. The Managing Director, Tamil Nadu State Construction Corporation Limited (TNSCC), Jai Nagar, Armbakkam, Chennai - 600 106.

(Registered & Head Office).

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the first respondent to consider the representations regarding EPF amount, Earned leave salary and grade pay, representation of the petitioner dated 19.07.2024. 1/6

For Petitioner : Mr.R.Naresh Kumar For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The Writ Petition has been filed to direct the first respondent to consider the representation of the petitioner dated 19.07.2024 regarding EPF amount, Earned leave salary and grade pay.

3. The case of the petitioner is that he was appointed as DCE, Trainer in Tamil Nadu State Construction Corporation Limited, Madurai and he joined duty on 15.07.1985 and after the completion of training for one year, he was made permanent with effect from 01.08.1985. Thereafter, he was absorbed as a permanent employee in Tamil Nadu Housing Corporation Limited with effect from 12.05.2004. He retired from the Office of the Superintending Engineer, Tamil Nadu Police Housing Corporation Limited, South Circle No. 1, Inspector Quarters, Tamil Nadu Special Police, 6th Battalion Campus, New Natham Road, Madurai on 31.10.2023 without any unblemished record. The petitioner 2/6

claims to have made representations dated 16.10.2019, 09.03.2023 and 26.06.2023 to redress his grievance regarding additional amount of EPF Employer share to be remitted in the light of G.O. Ms. No. 27 Finance (BPE) Department dated 24.01.2007. The grievance of the petitioner in this writ petition is that he had made a representation dated 19.07.2024 to the first respondent requesting to settle the differential amount of gratuity of Rs. 1,40,817/-, the differential amount of earned leave encashment of Rs. 4,75,112/- and the differential amount of grade pay. However, as it did not evoke any response, it has necessitated the filing of this Writ Petition.

4. The learned counsel for the petitioner submitted that the petitioner is entitled to the differential amount of gratuity of Rs. 1,40,817/-, the differential amount of earned leave encashment of Rs. 4,75,112/- and the differential amount of grade pay as per the calculations in his representation dated 19.07.2024. Therefore, he seeks a direction to the first respondent to consider the petitioner's representation in that regard and pass orders.

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5. The learned Additional Government Pleader appearing for the respondents submitted that the first respondent will consider the representation of the petitioner, dated 19.07.2024, in accordance with law, within a time frame fixed by this Court.

6. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the respondents are directed to consider the representation dated 19.07.2024 made by the petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

21.01.2025 6/6 Index : Yes/No Internet : Yes/No kv 4/6

To

1. The Chairman and Managing Director, Tamil Nadu Police Housing Corporation Limited, No. 132, E.V.R. Periyar Salai, Kilpauk, Chennai - 600 010.

2. The General Manager (F&A), Tamil Nadu Police Housing Corporation Limited, No. 132, E.V.R. Periyar Salai, Kilpauk, Chennai - 600 010.

3. The Managing Director, Tamil Nadu State Construction Corporation Limited, Highways Research Station Complex, Chennai - 600 025.

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V.BHAVANI SUBBAROYAN,J.

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