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Madras High CourtWP(MD)/20681/2016disposed of

M.Arumugam, v. The Chairman & Managing

2016-10-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20681 of 2016 M.Arumugam ... Petitioner vs.

The Chairman & Managing Director, TANSI Corporation Limited, A-28, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent i.e., the Chairman and Managing Director, TANSI, Chennai to consider the petitioner's representation dated 02.09.2016 and pass appropriate orders regarding sanction of encashment of leave salary for a period of 11 months and payment of travelling allowance for the period from February 2016 to April 2016 within a specified time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.S.Visvalingam For Respondent : Mr.V.R.Shanmuganathan

ORDER

This Writ of Mandamus has been filed to direct the respondent/Chairman and Managing Director, TANSI, Chennai, to consider the petitioner's representation dated 02.09.2016 and to pass appropriate orders regarding sanction of encashment of leave salary for a period of 11 months and payment of travelling allowance for the period from February 2016 to April 2016 within a specified time frame that may be fixed by this Court.

2.The petitioner was working as Works Manager, TANSI Fabrication Works, Vellore; he was allowed to retire on 30.04.2016 on attaining the age of superannuation without prejudice to the disciplinary action to be contemplated against him as per the proceedings in LR.No.245/EB/2011 dated 04.05.2016; ultimately, the disciplinary proceedings were disposed of by ordering recovery of Rs.26,244/- in six monthly installments towards the loss caused by the petitioner to TANSI; now, it is the grievance of the petitioner that encashment of leave salary for a period of 11 months and https://hcservices.ecourts.gov.in/hcservices/

payment of travelling allowance for the period from February 2016 to April 2016 were not done; hence, the petitioner made a representation dated 02.09.2016 therefor to the respondent; as there was no response to the said representation, the petitioner has filed this Writ of Mandamus to direct the respondent to consider his representation dated 02.09.2016 and to pass orders within a time frame.

3.Learned counsel appearing for the respondent submitted that it is agreeable for the respondent to consider the representation of the petitioner dated 02.09.2016 and to pass orders. 4.Recording the above submission, this Writ Petition is disposed of directing the respondent to consider the representation of the petitioner dated 02.09.2016 and to pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Chairman & Managing Director, TANSI Corporation Limited, A-28, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

+ 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 64022 NBI TE/GSV-PM : 10/11/2016 : 2P/3C W.P(MD)No.20681 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/