U.Theradian, S/O.Udayar, v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.2155 of 2016 U.Theradian ... Petitioner Vs.

1.The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai.

2.The Commissioner of Adi Dravidar Welfare Department, Office of the Commissioner of Adi Dravidar and Welfare Department, Chepauk, Chennai.

3.The District Adi Dravidar Tribal and Welfare Officer, Adi Dravidar and Tribal Welfare Department, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to pay G.P.F Contribution, S.P.F., Earned Leave Encashment benefits and U.E.L vide the representation, dated 11.12.2015 within the time stipulated by this Court. For Petitioner :

Mr.K.Seemaraj For Respondents :

Mr.S.Angappan, Government Advocate.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to pay G.P.F Contribution, S.P.F., Earned Leave Encashment benefits and U.E.L, vide representation, dated 11.12.2015 within the time stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that the petitioner was employed as a Junior Assistant. He was to retire from service on 31.05.2014 on reaching the age of superannuation. While so, he was placed under suspension, by an https://hcservices.ecourts.gov.in/hcservices/

order, dated 28.05.2014. The petitioner was not paid G.P.F Contribution, S.P.F., Earned Leave Encashment benefits and U.E.L., hence, the petitioner sent a representation to the respondents on 11.12.2015. Since the same has not been considered by the respondents so far, the petitioner has filed the present Writ Petition.

4.The learned Government Advocate for the respondents submitted that the representation of the petitioner will be considered on merits.

5.In such view of the matter, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner, dated 11.12.2015 with regard to G.P.F Contribution, S.P.F., Earned Leave Encashment benefits and U.E.L., and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight 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 (RTI) // True Copy // Sub Assistant Registrar ps To 1.The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai.

2.The Commissioner of Adi Dravidar Welfare Department, Office of the Commissioner of Adi Dravidar and Welfare Department, Chepauk, Chennai.

3.The District Adi Dravidar Tribal and Welfare Officer, Adi Dravidar and Tribal Welfare Department, Madurai. +1CC to Mr.K.SEEMARAJ , Advocate SR.No. 50698. +1CC to The Special Government Pleader SR.No. 51034. W.P(MD)No.2155 of 2016 28.02.2019 https://hcservices.ecourts.gov.in/hcservices/ DS/ /SAR- (03.04.2019) 2P 6C