S. P. Narayananan v. Commissioner Tamilnadu Cooperative Milk Production & Dairy Development, Madavaram Milk Colony, Chennai
2012-06-11
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsels appearing for the petitioner and the learned counsel appearing for the respondents. 2. This writ petition has been filed challenging the proceedings of the second respondent, dated 30.6.2007, relieving the petitioner from service, from 30.6.2007. However, the terminal benefits payable to the petitioner, on his retirement, had been ordered to be withheld pending settlement of the audit objections raised by the Audit Review Committee. 3. In the counter affidavit filed on behalf of the second respondent, it has been stated that the petitioner had not submitted his explanation to the audit objections raised by the Audit Review Committee, till date. Therefore, no order could be passed by the respondents, with regard to the payment of the retiral benefits of the petitioner. 4. The learned counsel appearing for the petitioner had submitted that the petitioner had submitted his explanation, dated 20.7.2007, to the second respondent. However, no order had been passed considering the said explanation submitted by the petitioner, till date. 5. The learned counsel appearing for the petitioner had further submitted that the gratuity payable to the petitioner cannot be withheld by the respondents, as per the provisions of the Payment of Gratuity Act, 1972. 6. In view of the above submissions made by the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents, this Court finds it appropriate to direct the second respondent to pay the gratuity payable to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. However, the other retiral benefits, if any, shall be paid to the petitioner, after the explanation, dated 20.7.2007, is considered and an appropriate orders passed thereon. The second respondent shall consider the explanation submitted by the petitioner, on 20.7.2007, and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Connected M.P.Nos.1 and 2 of 2009 are closed.