IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2017 CORAM:
THE HONOURABLE MR.JUSTICE V. PARTHIBAN W.P.No.3760 of 2013 and M.P.No.1 of 2013 M.Sellaiyan ... Petitioner Vs
1. The Director of Local Fund Audit Kuralagam, Chennai 600 108.
2. The Executive Officer, Nannilam Selection Grade Town Panchayat, Nannilam, Thiruvarur District. ... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India pleased to issue a writ of certiorarified mandamus to call for the records relating to the impugned order of the first respondent in TPV (1)/23726/08 dated 04.07.2008 and the consequential order of the first respondent in Na.Ka.No.44668/Pe O Sa (1)/08 dated 30.01.2009 and quash the said orders and direct the respondents to refund the sum of Rs.1,35,497/- recovered from the petitioner's gratuity with all attendant benefits.
For Petitioner : Mr.P.Manoj Kumar For Respondents : Mr.K.Prakash for R2
V.PARTHIBAN,J
O R D E R The petitioner has approached this Court seeking the following reliefs:-
The case of the petitioner is as follows:- The petitioner was working as a line man under the control of the second respondent. Having been appointed as such on 22.07.1978 had attained the age of superannuation and retired on 30.04.2008. After retirement of the petitioner the first respondent issued proceedings dated 04.07.2008 which is impugned to the present writ petition allowing pension to the petitioner but withheld the gratuity payable to him according to the communication there has been a wrong fixation of pay while the petitioner was in service in the year 19.. However the .. such wrong fixation has not been discussed to the petitioner.
Subsequently it appears that much portion of the gratuity payable to the petitioner has been withheld to the tune of 28.07.2017 dpq To
1. The Managing Director, Tamil Nadu Handloom Weavers, Cooperative Society Ltd., No.350, Pantheon Road, Egmore, Chennai 8
2. The Senior Regional Manager Co-optex Regional Office No.350, Patheon Road, Egmore, Chennai 600 008.
W.P.No.32760 of 2013