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Madras High CourtWP(MD)/2722/2021disposed of

Ravi.A v. The Superintending Engineeer

2021-02-15Honourable Mr Justice M.S. Ramesh2 pages

W.P(MD) No.2722 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD) No.2722 of 2021 A.Ravi

...Petitioner

Vs.

The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Thanjavur, Thanjavur District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to immediately disburse the petitioner's retirement benefits on the basis of the voluntary retirement order passed by the respondent dated 05.11.2020 within the time stipulated by this Court. For Petitioner : Mr.S.Jameel Arasu For Respondent : Mr.T.Sakthikumaran Standing Counsel

O R D E R

Mr.T.Sakthikumaran, learned Standing Counsel takes notice on behalf of the respondent. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that though he was permitted to go on voluntary retirement, the retirement benefits have not been paid so far by the respondent Corporation. 3.It is settled proposition of law that a writ of Mandamus would not ordinarily lie, unless the employee approaches the authorities concerned, requesting them to redress his grievances and only in cases, when such authorities have either denied their request or have not considered the request for a considerable time, this Court would interfere.

4.In the instant case, the petitioner claims to have given a representation dated 05.11.2020 to the respondent herein in connection with his grievances. However the copy of the said representation has not been produced before this Court. 5.I am of the view that the ends of justice would be secured, if the petitioner gives a fresh representation to the respondent and the same shall be directed to be considered on its own merits and in accordance with law by the respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD) No.2722 of 2021

6. In view of the above, the petitioner is granted liberty to make a fresh representation to the respondent herein, ventilating his grievances and on receipt the same, the respondent herein shall consider the same on its own merits and take appropriate decision in accordance with law, as expeditiously as possible, in any event within a period of six weeks therefrom.

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

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Thanjavur, Thanjavur District.

+1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-5189[F] dated 15/02/2021 ) W.P(MD) No.2722 of 2021 15.02.2021 KVN(CO) KK(25.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2