P.Aandiya v. The Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND P.Aandiya ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar, Thoothukudi District.

2.The Deputy Registrar of Co-operative Societies, Public Distribution System, Thoothukudi District.

3.The Special Officer, 1140, Karunkulam Co-operative Stores Limited, Karunkulam, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse the encashment of the earned leave and un-earned leave on private affairs by considering the representation dated 30.01.2025 within a time frame that may be fixed by this Court.

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For Petitioner : Mr.Aayiram Selvakumar For Respondents : Mr.P.Subbaraj Additional Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the respondents to disburse the encashment of the earned leave and un-earned leave on private affairs, by considering the representation dated 30.01.2025.

2. The petitioner who worked as salesman in the third respondent stores retired from service on 30.06.2023 on attaining the age of superannuation. After retirement, the monetary benefits were disbursed to the petitioner except the encashment of the earned leave and un-earned leave on private affairs. Requesting for disbursement of the same, he made a representation to the respondents on 30.01.2025. Against the inaction of the respondents in considering the said representation, the petitioner filed this writ petition.

3. Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents and perused the materials available on record.

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4. As the petitioner retired from service on 30.06.2023 and other monetary benefits were disbursed to the petitioner, in our considered view, he is entitled for the encashment of earned leave and unearned leave on private affairs. The respondents have no right to with held the same. It is the duty of the respondents to consider the representation, dated 30.01.2025 submitted by the petitioner. But the respondents failed to do so.

5. Accordingly, this writ petition is allowed with a direction to the respondents to disburse the encashment of the earned leave and un-earned leave on private affairs, for which the petitioner is legally entitled within a period of four weeks from the date of receipt of a copy of this order. No costs. 25.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 3/5

To:

1.The Joint Registrar of Co-operative Societies, Office of the Joint Registrar, Thoothukudi District.

2.The Deputy Registrar of Co-operative Societies, Public Distribution System, Thoothukudi District.

3.The Special Officer, 1140, Karunkulam Co-operative Stores Limited, Karunkulam, Thoothukudi District.

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BATTU DEVANAND , J.

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