Madras High CourtWP(MD)/19663/2016disposed of

J. John Christopher, v. The Chief Regional

2016-11-14Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.19663 of 2016 J.John Christopher ... Petitioner -vs1.The Chief Regional Manager, The Oriental Insurance Co. Ltd., Regional Office, Cheran Towers, 3rd Floor, No.82, Government Arts College Road, Coimbatore - 641 018.

2.The Senior Divisional Manager, Divisional Office, Oriental Insurance Co.Ltd., D.D.J.Centre, 1st Floor, Opp. Vadasery Bus Stand, Nagercoil - 629 001.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose of the Petitioner's representation dated 17.08.2016 within a time frame fixed by this Court. For Petitioner : Mr.F.Deepak For Respondents : Mr.D.Sivaraman for Mr.K.Baskaran

O R D E R

This Writ of Mandamus has been filed, seeking a direction to the respondents to dispose of the petitioner's representation dated 17.08.2016 within the limited time to be fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.The petitioner was appointed as a Peon in the office of

the second respondent on 05.02.1989. There was misappropriation to the extent of Rs.9,00,000/- in the Nagercoil Branch by the Cashier. Subsequently, the cashier paid the amount to the Company. 4.On 10.11.2013, an FIR came to be registered by the CBI against the erstwhile Cashier and this petitioner, as the Sub Staff of the Insurance Company. The CBI filed two charge sheets against the petitioner and cashier. In one case, the petitioner was convicted. Challenging the order of conviction, an appeal has been preferred by the petitioner, which is stated to be pending before this Court. In the meantime, departmental proceedings have been initiated against the petitioner, by which, an order of compulsory retirement has been passed.

5.The claim of the petitioner is that as he has put in 24 years of service, his retirement benefit on account of compulsory retirement has not been paid so far and seeking such relief, a representation to the first respondent is made on 17.08.2016. As the same has not been considered, this Writ petition has been filed.

6.The learned Standing counsel for the respondents would submit that it is agreeable for the first respondent to consider the representation of the petitioner and to pass orders. 7.Accordingly, the first respondent is directed to consider the representation of the petitioner dated 17.08.2016 and to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 8.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar mj TO 1.The Chief Regional Manager, The Oriental Insurance Co. Ltd., Regional Office, Cheran Towers, 3rd Floor, No.82, Government Arts College Road, Coimbatore - 641 018.

2.The Senior Divisional Manager, Divisional Office, Oriental Insurance Co.Ltd., D.D.J.Centre, 1st Floor, Opp. Vadasery Bus Stand, Nagercoil - 629 001.

+1cc to Mr.F.Deepak Advocate Sr.No. 69043 +1cc to Mr.K.Baskaran,Advocate Sr.No.68767 JAM/02.12.16/SKS-RR/ 3p-5c W.P(MD)No.19663 of 2016 14.11.2016