K.Ganesan v. The Senior Grade Regional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 2762 of 2018 and W.M.P(MD)No.2920 of 2018 K.Ganesan ...

Petitioner Vs.

The Senior Grade Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Madurai Region, Tamil Nadu Civil Supplies Corporation Building, Kuruvikaran Salai, Madurai - 625 020.

...

Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the Respondent in Na.Ka.No.E6/3910/2006, dated 31.05.2010 and consequential order in Na.Ka.No.E6/3910/2006, dated 15.09.2016 and quash the same and consequently direct the respondent to disburse the gratuity amount payable to the Petitioners deceased brother Nehru to the Petitioner on the basis of the documents produced by the Petitioner. 1/4

For Petitioner : Mr.J. Lawrance For Respondent : Mr.G.Mohan Kumar

ORDER

This Writ Petition is filed seeking direction to the respondent to disburse the amount payable to the petitioner's deceased brother, Nehru. However, there is a rival claim by the petitioner's sister.

2. The writ petitioner further claims that the deceased brother Nehru was having two wives and they were divorced.

3. The learned counsel appearing for the respondent submitted that the respondent is not an appropriate authority, under the Payment of Gratuity Act. Hence, the petitioner ought to have approach the appropriate authority for disbursing the amount and therefore, the writ petition is not maintainable.

4. Therefore, this Court dismiss the writ petition. However, liberty is granted to the petitioner to approach the appropriate authority under the 2/4

Payment of Gratuity Act and redress his grievances. No Costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 02.02.2023 Internet : Yes ksa 3/4

S.SRIMATHY, J ksa Order made in 02.02.2023 4/4