Madras High CourtWP/96/2020disposed of

A.Mohamed Ali v. The Commissioner

2020-01-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.96 of 2020 A.Mohamed Ali .. Petitioner vs

1. The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai 600 003.

2. The Zonal Officer, Zone VI, Greater Chennai Corporation, Ayanavaram, Chennai 600 023.

3. The Secretary to Government, Municipal Administrations, Water Supply Department, Govt. of Tamil nadu, Fort St. George, Chennai-600 009.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 28.11.2019 and consequently to settle the G.P.F., S.G.P.F., Private affairs amount, Surrender leave and Earned leave salary to the petitioner from the date of the petitioner's superannuation with 18% interest. For Petitioner :Mr.N.Beulah John Selvaraj For Respondents 1 & 2:Mrs.Karthika Ashok Standing Counsel For Respondent 3 :Mr.P.S.Sivashanmugasundaram Special Government Pleader

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 28.11.2019 and to settle the G.P.F., S.G.P.F., Private affairs amount, Surrender

leave and Earned leave salary to the petitioner with interest within the time fixed by this Court.

2. The case of the petitioner is that he was employed in the respondent corporation and superannuated from service on 31.05.2019. The grievance of the petitioner is that even though the pension papers were forwarded with the service register to the second respondent, it was informed that the service register was misplaced and as a result of the same, there is delay in settling certain pension benefits of the petitioner. Therefore, the petitioner gave representation on 28.11.2019 for settlement of the monetary benefits along with interest. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard Mr.N.Beulah John Selvaraj, learned counsel appearing on behalf of the petitioner, Mrs.Karthika Ashok, Standing Counsel for the first and second respondent and Mr.P.S.Sivashanmugasundaram, Special Government Pleader appearing for the third respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 28.11.2019 and settle all his benefits strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation along with a copy of the representation dated 28.11.2019 and a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar bkn To 1.The Commissioner, Greater Corporation of Chennai, Rippon Building, Chennai 600 003.

2. The Zonal Officer, Zone VI, Greater Chennai Corporation, Ayanavaram, Chennai 600 023.

3. The Secretary to Government, Municipal Administrations, Water Supply Department, Govt. of Tamil nadu, Fort St. George, Chennai-600 009.

+1 CC to Govt. Pleader sr 1331.

+1 CC to Mr.N.Beulah John Selvaraj, Advocate sr 1111. W.P.No.96 of 2020 GMR(CO) SP(22/01/2020)