Madras High Court
P.K.Marshal Tito vs The Director on 8 August, 2023
WP.No.23198 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.23198 of 2023
P.K.Marshal Tito ...Petitioner
Vs.
1. The Director,
The Institute of Road Transport,
100 Feet Road, Taramani,
Chennai 600 113.
2. The Dean,
IRT Perundurai Medical College and Hospital,
Perundurai, Erode District.
Now renamed as
The Director of Medical Education,
Government Erode Medical College & Hospital,
Erode District. ...Respondents
Prayer:- This Writ Petition is filed under Article 226 of the Constitution
of India, seeking for a Writ of Mandamus, directing the respondents
1 and 2 to consider the petitioner's representation dated 22.06.2023 and
consequently direct the respondents to disburse the pending service
monetary benefits including gratuity together with interest to the
petitioner.
For Petitioner : Mr.R.Gouri
For Respondents : Mr.V.P.R.Elamparithi,
Additional Government Pleader
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WP.No.23198 of 2023
ORDER
This petition has been filed seeking for issuance of a Writ of
Mandamus, directing the respondents 1 and 2 to consider the petitioner's
representation dated 22.06.2023 and consequently direct the respondents
to disburse the pending service monetary benefits
2. The petitioner had put in 30 years of service in the second
respondent College and he attained superannuation on 31.12.2022.
Alleging misappropriation, the petitioner was suspended from
02.12.2004 to 16.06.2006. Challenging the stoppage of increment for two
years with cumulative effect, the petitioner filed WP.No.28284 of 2011
and the same allowed by order dated 27.11.2017. Aggrieved over the
same, the Management filed W.A.No.1587 of 2018, which was partly
allowed by judgment dated 23.08.2018. Subsequently, the petitioner's
suspension period was regularized.
3. The grievance of the petitioner is that though he retired from
service on 31.12.2022, monetary benefits including gratuity has not
been paid. Therefore, the petitioner made a representation dated
22.06.2023, but the same has not been considered.
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WP.No.23198 of 2023
4. The learned Additional Government Pleader appearing for
the respondents submitted that the representation of the petitioner will be
considered in accordance with law.
5. On a perusal of the representation dated 22.06.2023, it is
seen that the petitioner has given break up details of the amounts to be
paid by the respondents viz., Surrender of Earned Leave, Gratuity etc.,
for the service rendered by him in the respondent College.
6. Considering the submissions made on either side, this Court
without going into the merits of the case, directs the respondents to
consider the representation of the petitioner dated 22.06.2023 and pass
appropriate orders as per Rules, within a period of two months from the
date of receipt of a copy of this order. No costs.
08.08.2023
Index : Yes/No
pvs
https://www.mhc.tn.gov.in/judis
WP.No.23198 of 2023
To
1. The Director,
The Institute of Road Transport,
100 Feet Road, Taramani,
Chennai 600 113.
2. The Dean,
The Director of Medical Education,
Government Erode Medical College & Hospital,
Erode District.
https://www.mhc.tn.gov.in/judis
WP.No.23198 of 2023
N.SATHISH KUMAR.J.,
pvs
WP.No.23198 of 2023
08.08.2023
https://www.mhc.tn.gov.in/judis
