Mariammal .V.R v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR V.R.Mariammal ... Petitioner vs 1.***** (First respondent is deleted vide Court order, dated 08.08.2024, in W.M.P(MD)No.4130 of 2023 in W.P(MD)No.2739 of 2022) 2.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 108.
3.The Chief Executive Officer, Tamil Nadu Palm Products Development Board, Kuralagam Building, Chennai - 600 108.
4.The Managing Director, Madurai, Virudhunagar, Dindigul District, Palmirah Jaggery Co-operative Marketing Federation Limited KVI-Z/MDU, No.149, Kamarajar Salai, Madurai - 625 009.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the Respondents to pay the petitioner's gratuity, provident fund, earned leave surrender, bonus, security deposit and unpaid arrears of salary, unpaid Salary for a sum of Rs.30,000/- for the period 1/5
from September to November, 2019 as temporary daily wager and other monetary benefits along with 10% interest for belated payments, by considering the petitioner's representation dated 07.12.2021. For Petitioner : Mr.M.Pounraj For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 Mr.A.K.Manikkam for R4 No appearance for R2 & R3 * * * * *
ORDER
The instant writ petition has been filed by a retired Superintendent of the fourth respondent Co-operative Society seeking a Mandamus to disburse his terminal benefits and other monetary benefits along with 10% interest for belated payments based upon his representation, dated 07.12.2021. 2.The fourth respondent has filed a counter contending that due to paucity of funds, they are taking steps for sale of the immovable properties and they have sought one year time for disbursing the terminal benefits. 3.Paragraph No.11 of the counter is extracted as follows: "11. I respectfully state that since the fourth respondent is taking effective steps to settle the monetary 2/5
benefits to its retired employees and since the action of the fourth respondent is bonafide and genuine and since there is no intention to refuse to pay the monetary benefits to all retired employees like the petitioner and since due to want of time to complete the sale of the immovable property owned by the fourth respondent in accordance with the legally required procedure it become just and necessary to dispose of the present writ petition by granting one year time to the fourth respondent."
4.The undertaking given in the counter is recorded and the writ petition is disposed of with a direction to the fourth respondent to settle the terminal benefits on or before 31.08.2025.
5.The writ petition stands disposed of on the above said terms. There shall be no order as to costs.
08.08.2024 1/2 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5
To 1.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 108.
2.The Chief Executive Officer, Tamil Nadu Palm Products Development Board, Kuralagam Building, Chennai - 600 108.
3.The Managing Director, Madurai, Virudhunagar, Dindigul District, Palmirah Jaggery Co-operative Marketing Federation Limited KVI-Z/MDU, No.149, Kamarajar Salai, Madurai - 625 009.
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R.VIJAYAKUMAR , J.
RJR 08.08.2024 1/2 5/5