B.Jesudoss v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18401 of 2018 B.Jesudoss ...
Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by its Secretary to Government, Transport Department, Secretariat, Chennai 600 009.
2.The Managing Director, Railway Station Road, Kumbakonam, Thanjavur District.
3.The General Manager, Periyamilaguparai, Trichy.
4.The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the remaining 10% of the dearness allowance (DA) for the following retiral benefits:
a.Payment of Gratuity - Rs.3,61,665/- b.Earned Leave - Rs.1,78,865/- c.Medical Leave - Rs. 50,164/- and all other retiral benefits payable to the petitioner with reasonable rate of interest within the time frame that may be stipulated by this Court.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.D.Sivaraman, Standing Council For R2 & 3 Mr.R.Sethuraman, AGP for R1 Mr.A.P.Muthupandian for R4
O R D E R
The petitioner has come forward with the present Writ petition to issue a Writ of Mandamus, directing the respondents to settle the remaining 10% of the dearness allowance (DA), payment of gratuity, earned leave, medical leave and all other retirement benefits payable to the petitioner with interest within a time frame. 2.Mr.D.Sivaraman, learned standing counsel takes notice for the respondents. By consent, the Writ petition is taken up for final hearing at the admission stage itself.
3.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner dated 01.03.2018 is disposed of, in accordance with law, within a time frame to be fixed by this Court.
4.In view of the limited scope of the prayer, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner, dated 01.03.2018 in accordance with law and pass appropriate orders within a period of 2 months from the date of receipt of a copy of this order, if there are no legal impediments.
5.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (ADI) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Secretary to Government, Transport Department, Secretariat, Chennai 600 009.
2.The Managing Director, Railway Station Road, Kumbakonam, Thanjavur District.
3.The General Manager, Periyamilaguparai, Trichy.
4.The Administrator, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
+1 CC To MR.D.SIVARAMAN, Advocate SR. NO. 83875 +1 CC To MR.N.SUDHAGAR NAGARAJ, Advocate SR. NO. 83940 +1 CC TO The Special Government Pleader SR.NO. 84302 W.P.(MD)No.18401 of 2018 11.09.2018 NBI TR/SKN/SAR-I(27.10.2018)3P 8C