K.Sekar, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.7346 of 2019 K.Sekar
...Petitioner
/Vs./ 1.The Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 9.
2.The Registrar of Co-operative Societies (Housing), 3.The Managing Director, Tamil Nadu Co-op Housing Federation Ltd., 4.The Deputy Registrar (Housing), Madurai Region, Baskaran Complex 2nd floor, Chinna Chokkikulam, Madurai - 625 002.
5.The Special Officer, Palani Taluk Co-op Housing Society Ltd., MDA-HSG-63, Palani, Dindigul District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the salary for 15 months from 01.01.2014 to 31.03.2015 and retirement, monitory and attendant benefits such as Provident Fund, Gratuity, Surrender and earned Leave salary due to the petitioner within a time frame fixed by this 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 Petitioner : Mr.K.Balasubramanian For R-1 & R-2 : Mr.V.Anand Government Advocate For R-3 : Mr.S.Kumar
ORDER
This writ petition has been filed to issue a writ of Mandamus directing the respondents to disburse the salary for 15 months from 01.01.2014 to 31.03.2015 and retirement benefits such as Provident Fund, Gratuity, Surrender and earned Leave salary due to
the petitioner, along with statutory interest for the belated payment from the date of retirement to till the date of disbursement, within a stipulated time.
2.Heard the learned counsel for the petitioner; the learned Government Advocate for the respondents 1 and 2 and the learned counsel for the third respondent.
3.The grievance of the petitioner is that he made a representation, dated 20.02.2019, to the respondents seeking to settle the terminal benefits such as Employees Provident Fund, Gratuity and Earned Leave Salary. He also claimed the arrears of salary for the period from 01.01.2014 to 31.03.2015. Since the said representation has not been considered so far, he has filed this writ petition.
4.The learned counsel for the petitioner, on instructions, submitted that it would be suffice, if the representation of the petitioner, dated 20.02.2019 is directed to be disposed of by the respondents 1 and 2 on merits.
5.Considering the limited scope of the relief now sought for by the learned counsel for the petitioner, which has been agreed by the learned Government Advocate for the respondents 1 and 2, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner, dated 20.02.2019 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6.With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 9.
2.The Registrar of Co-operative Societies (Housing),
3.The Managing Director, Tamil Nadu Co-op Housing Federation Ltd., 4.The Deputy Registrar (Housing), Madurai Region, Baskaran Complex 2nd floor, Chinna Chokkikulam, Madurai - 625 002.
5.The Special Officer, Palani Taluk Co-op Housing Society Ltd., MDA-HSG-63, Palani, Dindigul District.
+1 CC to M/s.K.BALASUBRAMANIAN, Advocate ( SR-64344[F] dated 30/04/2019 ) rj2 W.P.(MD)No.7346 of 2019 30.04.2019 KM/(23.05.2019) 3P 7C