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Madras High CourtWP/25558/2018disposed of

C. Rajapillai v. The General Manager (Administration)

2018-10-01Honourable Mr Justice Satrughana Pujahari4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2018

CORAM

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.25558 of 2018 and WMP No.29720 of 2018

1. C.Rajapillai

2. B.Baskaran

3. N.Rangaramanujam

4. R.Raju

5. A.Thatchanamurthy

6. R.Anbalagan

7. D.Kannan

8. L.Thirumal

9. P.Shanmugam 10.P.Rajavelu ..... Petitioners Vs 1.The General Manager, (Administration), Gratuity Trust Fund, Head Office, Kilpauk, Chennai 600 010.

2. The Senior Regional Manager, Chennai North.

3. The Senior Regional Manager, Chennai South.

4. The Senior Regional Manager, Tamil nadu Civil Supplies Corporation Limited, Thiruvallur ..... Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to consider the representation dated 03.09.2018 made by the petitioners before the respondent in the light of the circular dated 19.05.2014 and disburse the gratuity amount with interest from the date on which the amount became due. *****

For Petitioner : Mr.V.Pandian For Respondents : Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

The grievance of the petitioner is the non-consideration of his representation dated 03.09.2018 made to the 1st respondent to pay him the gratuity amount which has accrued during the trainee period in Cuddalore region from 16.08.1982 to 31.05.1990.

2. During the course of hearing, the learned counsel appearing for the petitioner submits that it would be suffice if a direction is given to the 1st respondent to consider his representation dated 03.09.2017 within in a time frame.

3. Mr.L.P.Shanmugasundaram, learned Special Government Pleader who accepts notice on behalf of respondents submits that the representation was made only on 03.09.2018 and there is no inaction on the part of the respondents. However, in view of the submissions made by the learned counsel appearing for the respondents that they have no objection, more particularly, the 1st respondent, to pass order on such representation, if the same is pending, within a reasonable period.

4. Considering the limited nature of the relief sought for by the petitioner and the submission of learned counsel appearing for the parties, this Court dispose of this writ petition at the stage of admission without seeking any reply affidavit, with a direction to the 1st respondent to take an informed and considered decision on the representation of the petitioner on merits and in accordance with law, so also, keeping in mind the Circular dated 19.05.2018, within a period of six weeks from the date of receipt of copy of this order, if there is no other legal impediment. However, it is made clear that this Court has not expressed any opinion on the merits of such representation submitted by the petitioner in any particular manner. No costs. Consequently, the connected miscellaneous petition is also closed.

rka 01.10.2018 Speaking/Non speaking order Index : yes/no Internet: Yes/no To 1.The General Manager, (Administration), Gratuity Trust Fund, Head Office, Kilpauk, Chennai 600 010.

2. The Senior Regional Manager, Chennai North.

3. The Senior Regional Manager, Chennai South.

4. The Senior Regional Manager, Tamil nadu Civil Supplies Corporation Limited, Thiruvallur SATRUGHANA PUJAHARI, J.

rka W.P. No.25558 of 2018

01.10.2018