P.Sivasubramanian, v. The Assistant Director Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Sivasubramanian ... Petitioner Vs.

1.The Assistant Director of Handlooms and Textiles, 2.The Textile Control Officer, 3.The Special officer and Liquidator, Karur Thiruvalluvar Handloom Cooperative Societies, T.R.(H)20, Karur at Trichy, Trichirapalli 620 003. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the gratuity amount and other benefits along with interest at the rate of 12% per annum from 30.09.1999 to the petitioner. For Petitioner : Mr.K.Neelamegam For R1 & R2 : Mr.B.Bhagavathi Government Advocate For R3 : Mr.N.S.Karthikeyan Standing counsel

O R D E R

This writ petition has been filed for a direction to the respondents to pay gratuity amount and other benefits along with interest at the rate of 12% per annum from 30.09.1999, to the petitioner.

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2. The case of the petitioner is that he worked as a Senior Grade Clerk in the first respondent Society and relieved from service on 30.09.1999. Thereafter, the petitioner has availed Employees Provident Fund during the year 2003 and also drawing monthly pension every month. However, he has not availed the gratuity and other monetary benefits. Hence, he made a representation to the second respondent, on 26.06.2013. But, till date no order was passed. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 26.06.2013, on merits and in accordance with law, within a specified period.

4. The learned Government Advocate appearing for the respondents 1 and 2 has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation, dated 26.06.2013 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Assistant Director of Handlooms and Textiles, 2.The Textile Control Officer, 2/3

3.The Special officer and Liquidator, Karur Thiruvalluvar Handloom Cooperative Societies, T.R.(H)20, Karur at Trichy, +1 CC to Mr.N.S.KARTHIKEYAN, Advocate ( SR-9741[F] dated 09/03/2021 ) +1 CC to Mr.K.NEELAMEGAM, Advocate ( SR-9759[F] dated 10/03/2021 ) +1 CC to M/s.SPL GP ( SR-10136[F] dated 10/03/2021 ) 09.03.2021 VB (22.03.2021) 3P 7C 3/3