M.V.Anbu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2019

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.Nos.1163, 1166 and 1177 of 2019 M.V.Anbu ....Petitioner in W.P.No.1163 of 2019 R.Babu ....Petitioner in W.P.No.1166 of 2019 R.Balan ....Petitioner in W.P.No.1177 of 2019 Vs 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Zone-IV, Greater Corporation of Chennai, Tondairpet, Chennai - 600 081.

3.The Health Officer, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

4.The Secretary to Government, Municipal Administration, Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009. ...Respondents Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the first respondent to consider the petitioners' representation dated 13.12.2018 and to grant pensionary benefits and terminal benefits by taking account of 50% temporary service of the petitioners served in the respondents Corporation from

11.02.1987 to 17.07.1996 as per G.O.Ms.No.408, dated 25.08.2009 Finance (Pension) Department and service benefits along with suitable interest to the petitioners.

For Petitioners : Mr.N.Beulah John Selvaraj (in all W.Ps) For Respondents: Dr.C.Ravichandran Standing Counsel (in all W.Ps) C O M M O N O R D E R Dr.C.Ravichandran, learned Standing Counsel takes notice for the respondents. By consent, these writ petitions are taken up for final disposal at the admission stage itself.

2. The petitioners have come forward with these writ petitions, for a mandamus, directing the first respondent to consider their representations dated 13.12.2018.

3. According to the learned counsel for the petitioners, the petitioners have submitted individual representations on 13.12.2018 to the respondents to count half of the service rendered by them from 11.02.1987 to 17.07.1996 on temporary basis, along with their regular service, for payment of pensionary benefits, as per G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009. But, the said representations have not been considered by the respondents till date. Hence, the petitioners are before this Court.

4. The learned Standing Counsel appearing for the respondents fairly submitted that the representations of the petitioners would be considered by the respondent concerned on merits and in accordance with law.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondent concerned to consider the representations of the petitioners dated 13.12.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, these writ petitions stand disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Zone-IV, Greater Corporation of Chennai, Tondairpet, Chennai - 600 081.

3.The Health Officer, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

4.The Secretary to Government, Municipal Administration, Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

+3cc to Mr.N.Beulah John Selvaraj, Advocate Sr.3924,3923,3925 +1cc to Mr.C.Ravichandran, Advocate Sr.4077 +1cc to the Government Pleader Sr.4557 W.P.Nos.1163, 1166 and 1177 of 2019 dr[co] srg 11/02/2019