R.Alagarsamy, v. The Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)Nos.7186 and 7272 of 2019 R.Alagarsamy ... Petitioner in WP(MD)No.7186 of 2019 G.Panneerselvam ... Petitioner in WP(MD)NO.7272 of 2019 vs.
1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai -9.
2.The Registrar of Co-Operative Societies, (Housing), 48, Ritherdon Road, Vepery, Chennai -7.
3.The Managing Director, Tamil Nadu Co-Operative Housing Federation Ltd, 48, Ritherdon Road, Vepery, Chennai -7.
4.The Deputy Registrar (Housing), Madurai Region, Baskaran Complex 2nd Floor, Chinna Chokkikulam, Madurai - 625 002.
5.The President, Madurai North Taluk Co-Operative Housing Society Ltd, 5/27, Vaidyanatha Iyer Street, Shenoy Nagar, Madurai - 625 020.
... Respondents in both WPs Prayer in WP(MD)No.7186 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the salary for 23 months from 01.09.2014 to 31.07.2016 and retirement, monetary and attendant benefits such as Provident Fund, Gratuity, Surrender and earned leave salary due to the petitioner within a time frame fixed by the Court along with statutory interest for the belated payment from the date of retirement to till the date of disbursement by the
respondents thereon.
Prayer in WP(MD)No.7272 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the salary for 21 months form 01.07.2014 to 31.03.2016 and retirement, monetary and attendant benefits such as Provident Fund, Gratuity, Surrender and Earned Leave Salary due to the petitioner within a time frame fixed by the Court along with statutory interest for the belated payment from the date of retirement to till the date of disbursement by the respondents thereon.
For Petitioners : Mr.K.Balasubramanian For Respondent : Mr.C.M.Mari Chellaiah Prabhu, Nos.1 to 4 Additional Government Pleader For Respondent : Mr.R.Kannithevan No.5 COMMON ORDER These writ petitions have been filed seeking to direct the respondents to disburse the salary from the year 2014 to till their retirement and terminal benefits due to the petitioners along with interest for the belated payment.
2.Heard the learned Counsel for the petitioners and the learned Additional Government Pleader appearing for the respondent Nos.1 to 4 and the learned Standing Counsel appearing for the respondent No.5. By Consent, the writ petitions are taken up for final disposal at the stage of admission itself. 3.According to the petitioners, they worked under the 5th respondent Society and retired from service in the year 2016 itself. However, salary from the year 2014 till their retirement and the terminal benefits have not been settled to the petitioners. Hence, they made individual representations to the respondents. However, so far they have not been paid with the salary and the terminal benefits. So, they are before this Court.
4.The learned Counsel appearing for the respective respondents submitted that the representations of the petitioners would be taken into consideration on merits.
5.Under these circumstances, this Court, without going into the merits of the case, directs the respondents to consider the petitioners' representations dated 09.03.2019 and 11.03.2019 respectively qua their claim for settlement of salary and terminal benefits, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.
6.These writs petitions are disposed of, on the above terms. No costs.
Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai -9.
2.The Registrar of Co-Operative Societies, (Housing), 48, Ritherdon Road, Vepery, Chennai -7.
3.The Managing Director, Tamil Nadu Co-Operative Housing Federation Ltd, 48, Ritherdon Road, Vepery, Chennai -7.
4.The Deputy Registrar (Housing), Madurai Region, Baskaran Complex 2nd Floor, Chinna Chokkikulam, Madurai - 625 002.
5.The President, Madurai North Taluk Co-Operative Housing Society Ltd, 5/27, Vaidyanatha Iyer Street, Shenoy Nagar, Madurai - 625 020.
+2 CC to M/s.K.BALASUBRAMANIAN, Advocate SR-57131,57132 +1 CC to M/s.SPL GP ( SR-57782[F] dated 29/03/2019 ) ps/22.04.2019/3p/9c WP(MD)Nos.7186 and 7272 of 2019 27.03.2019