Retired Assistant Program Officer sought writ directing Institute to disburse pension and gratuity. Court directed second respondent to dispose of pending representation within eight weeks without expressing opinion on merits.
Directed second respondent to dispose of pending representation on merits within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.7806 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.7806 of 2023
S.K.RajBoy ... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to disburse all the service benefits i.e., Pension, Gratuity, Leave Salary, Back Wages and Long pending Arrears of the petitioner by considering the petitioner's representation dated 19.01.2023 within the time stipulated as fixed by this Court.
For Petitioner : Mr.T.Thirumurugan
1/4
W.P.(MD).No.7806 of 2023
For R2 : Mr.O.R.Gokul Abimanyu for M/s.C.Arulvadivel Associates
O R D E R
The present Writ Petition has been filed by a retired Assistant Program Officer of the second respondent Institute seeking a Mandamus to disburse of his service benefits, based upon the representation dated 19.01.2023.
2. A perusal of the typed set of papers indicate that the petitioner has addressed a detailed representation to the second respondent herein on 12.01.2023 , which has been acknowledged by the second respondent.
3. However, the learned counsel appearing for the second respondent
contended that the petitioner being a contract employee is not entitled to the benefits as prayed for.
4. Considering the fact that the request of the petitioner is pending with the second respondent from January 2023 onwards, the second respondent is directed to dispose of the said representation, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of
2/4
W.P.(MD).No.7806 of 2023
this order. It is made clear that this Court does not express any opinion on
merits of the representation addressed by the writ petitioner.
5. With the above said observation, this Writ Petition stands disposed
of. There shall be no order as to costs.
07.08.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
3/4
W.P.(MD).No.7806 of 2023
R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.7806 of 2023
07.08.2024
4/4
3 issues framed by the court
Whether the second respondent is directed to dispose of the pending service benefits claim.
Whether the petitioner is entitled to service benefits given the claim of contract employment.
Whether the court can express an opinion on the merits of the claim.
1 provisions across 1 enactments
S.K. RajBoy
The Secretary, Ministry of Youth Affairs & Sports, Government of India
The Registrar, Gandhigram Rural Institute (GRI) (Deemed University)
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
