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Madras High CourtWP(MD)/21642/2016disposed of

S.Thanaraj, v. The Managing Director,

2016-11-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21642 of 2016 S.Thanaraj ... Petitioner vs.

The Managing Director, State Express Corporation Ltd., Pallavan Salai, Chennai.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent to pay the gratuity arrears payable to the petitioner as per 6th pay commission together with 18% interest per annum by considering the representation of the petitioner dated 17.10.2016. For Petitioner : Mr.K.Samidurai For Respondent : Mr.K.Sathiyasingh

ORDER

The petitioner was employed as Assistant Manager in the respondent Corporation and he retired from service on 30.04.2008 on reaching the age of superannuation.

2.He has filed this writ petition seeking for a direction to the respondent to pay the gratuity arrears payable to the petitioner [as per 6th pay commission] together with 18% interest per annum, by considering the representation dated 17.10.2016. 3.The learned counsel for the petitioner submitted that as per the 6th pay commission, gratuity was revised and therefore, the petitioner is entitled to get arrears of gratuity on the basis of 6th pay commission. Claiming so, the petitioner has given a representation dated 17.10.2016 to the respondent. As it is not considered, this writ petition has been filed. 4.The learned counsel for the respondent would submit that the respondent is agreeable to consider the representation of the petitioner dated 17.10.2016.

5.Accordingly, the respondent is directed to consider the representation of the petitioner dated 17.10.2016 and to pass orders on merits and in accordance with law within a period of https://hcservices.ecourts.gov.in/hcservices/

four 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(As) /True copy/ Sub Assistant Registrar +1cc to Mr.K.Sathyasingh, Advocate Sr.No.68153 +1cc to Mr.K.Samidurai, Advocate sR.No.68484 mj sm:ss 3:05/12/2016:2P/3C W.P(MD)No.21642 of 2016 https://hcservices.ecourts.gov.in/hcservices/