C.Jeyaraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016 CORAM :

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.21984 of 2016 C.Jeyaraman ... Petitioner Vs.

1.The State of Tamil Nadu, rep.by the Principal Secretary, Secretariat, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu, rep.by the Secretary Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

3.The Registrar (Housing), Tamil Nadu Co-operative Housing Society, Tamil Nadu Housing Board Campus, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4.The Deputy Registrar (Housing), Housing Society, Virudhunagar Region, No.3, DD Road, Mani Nagaram, Virudhunagar, Virudhunagar District.

5.The President, MDA HSG, 105 Sivagangai Taluk Cooperative Housing Society Ltd., No.158, Weekly Market Road, Sivagangai - 630 561, Sivagangai District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issue a Writ of Mandamus directing the respondents to provide the retirement benefits including the arrears of salary for the period from 01.06.2013 to 31.05.2014 with current rate of interest within the time stipulated by the Court.

For Petitioner : Mr.T.Lajapthi Roy For RR - 1 & 2 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For RR - 3 to 5 : Mr.Nagarajan

O R D E R

The petitioner, who joined the services in the Sivagangai Taluk Co-operative Housing Society Ltd., on 07.03.1984, retired from service on 31.05.2014.

2.Heard the learned counsel for the petitioner; the learned Additional Government Pleader, who takes notice for the respondents 1 and 2 and the learned counsel for the respondents 3 to 5. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.

3.It is the grievance of the petitioner that retirement benefits has not been paid by the third respondent. Hence, the petitioner has given representation dated 12.02.2015, requesting to grant retirement benefits. As the representation is not considered, this writ petition has been filed, citing the order passed in the case of a similarly placed person in WP(MD)No.1010 of 2015, where under, a direction was given to the third respondent to consider the representation of the petitioner. 4.Under such circumstances, the third respondent herein is directed to consider the representation of the petitioner dated 12.02.2015 and to pass orders on merits and in accordance with law, in the light of the order passed in WP(MD)No.1010 of 2015, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition is disposed of. No costs. Consequently WMP(MD)No.15716 of 2016 is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Secretary State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

3.The Registrar (Housing), Tamil Nadu Co-operative Housing Society, Tamil Nadu Housing Board Campus, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4.The Deputy Registrar (Housing), Housing Society, Virudhunagar Region, No.3, DD Road, Mani Nagaram, Virudhunagar, Virudhunagar District.

+1cc to Mr.T.Lajapthi Roy, Advocate in SR No.70142 +1cc to the Spl.Govt.Pleader in SR No.70277 W.P(MD)No.21984 of 2016 17.11.2016 MJ ANR/DB/07.12.2016/3P/7C