Madras High CourtWP(MD)/8008/2016disposed of

K.Mari, S/O.N.Krishnasamy v. The Director Of Handlooms

2016-04-25Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.8008 of 2016 K.Mari ... Petitioner Vs.

1.The Director of Handlooms and Textiles, Chennai - 600 108.

2.The Managing Director, The Kanyakumari District Cooperative Spinning Mills Ltd., No.Y238, Aralwaimozhi, Kanyakumari District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to pay the Additional Charge Allowance as Administrator to the petitioner for the period between 18.02.2013 and 05.06.2013 pursuant to his representations, dated 10.05.2015, 10.06.2015, 26.06.2015, 09.07.2015, 22.07.2015, 14.08.2015 and 04.09.2015.

For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.R.Anandaraj, Government Advocate

ORDER

Mr.R.Anandaraj, learned Government Advocate takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner seeks for a Mandamus directing the respondents herein to pay the 'Additional Charge Allowance' as Administrator to the petitioner for the period between 18.02.2013 and 05.06.2013 pursuant to his representations, dated 10.05.2015, 10.06.2015, 26.06.2015, 09.07.2015, 22.07.2015, 14.08.2015 and 04.09.2015.

4. The petitioner, who was working as Factory Manager in the second respondent Mill was also given additional charge for the Post of Administrator in the second respondent mill pursuant to the direction of the first respondent vide proceedings in https://hcservices.ecourts.gov.in/hcservices/

R.C.No.51755/2012/E1, dated 18.02.2013. The petitioner was holding additional charge as Administrator in the second respondent Mill from 18.02.2013 to 05.06.2013, which is more than 90 days. Therefore, the petitioner has claimed additional charge allowance for the relevant period by sending representation to the respondents, which is without any response. Hence, the present Writ Petition.

5. Considering the limited scope of the prayer sought for in this Writ Petition, without expressing any opinion on the merits of the claim made by the petitioner, the first respondent is directed to consider the representation of the petitioner, dated 04.09.2015 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The Director of Handlooms and Textiles, Chennai - 600 108.

2.The Managing Director, The Kanyakumari District Cooperative Spinning Mills Ltd., No.Y238, Aralwaimozhi, Kanyakumari District.

+1cc to M/s.D.Srinivasaragavan, Advocate Sr.No.23325 +1cc to the special Government Pleader SR.No.23628 sm:mp:12.5.2016:2P/5C W.P(MD)No.8008 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/