Dr. R. Selvarajan v. The Chairman Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.[MD]No.2139 of 2016 Dr.R.Selvarajan : Petitioner Vs.
1.The Chairman -cum- Managing Director, National Insurance Company Limited, Head Office, 3 Middleton Street, Kolkata-700 071.
2.The Chief Regional Manager, National Insurance Company Limited, Coimbatore Regional Office, Stock Exchange Building, 684, Trichy Road, Coimbatore-641 045.
3.The Senior Divisional Manager, National Insurance Company Limited, Divisional Office II, 16, State Bank Road, Coimbatore-641 018.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent herein to consider the representation of the petitioner dated 06.07.2015 and to settle a sum of Rs.38,195/- towards leave travel subsidy applicable to the petitioner's son as per the claim dated 05.01.2015 with interest at the rate of 12% per annum from 05.01.2015 till the date of actual payment, within the time stipulated by this Court.
For Petitioner : Mr.G.Chandrasekar For Respondents : Mr.G.Prabhu Rajadurai *********
O R D E R
*********** The prayer in the Writ Petition is to direct the second respondent to consider the representation given by the petitioner https://hcservices.ecourts.gov.in/hcservices/
dated 06.07.2015 and to settle a sum of Rs.38,195/- towards leave travel subsidy applicable to his son, as per the claim dated 05.01.2015 with interest at the rate of 12% per annum from 05.01.2015 till the date of actual payment.
2.Heard both sides.
3.According to the petitioner, he was the retired Administrative Officer (Specialist) and was sanctioned leave from 15.12.2014 to 19.12.2014 under Leave Travel Subsidy Scheme for his family consisting himself, his wife and his son, based on which, he claimed reimbursement of Rs.1,15,133.47 under the said scheme on 05.01.2015. The third respondent, by order dated 18.06.2015, sanctioned only Rs.76,938/- towards leave travel subsidy and the amount of Rs.7,996/- was paid after adjusting the advance amount of Rs.68,942/-. However, his claim in respect of his son alone was not considered. Therefore, claiming a sum of Rs.38,195/- towards leave travel subsidy in respect of his son, he sent a representation dated 06.07.2015, followed by reminders dated 09.08.2015 and 15.09.2015. Since the same have not been considered so far, the petitioner has filed the present Writ Petition seeking the above mentioned relief.
4. The learned counsel appearing for the respondents would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.
5. Considering the limited nature of relief that has been sought for by the petitioner in the present Writ Petition, without going into the merits of the case, this Court directs the second respondent to consider the representation of the petitioner dated 06.07.2015, followed by reminders dated 09.08.2015 and 15.09.2015, and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) +1 CC to M/s.G.CHANDRASEKAR, Advocate in SR-56634 W.P.[MD]No.2139 of 2016 https://hcservices.ecourts.gov.in/hcservices/ sml PK/23.04.2019 : 2P/2C