← Library
Madras High CourtWP/2560/2019disposed of

Tamil Nadu Corporation And Municipal Pensioners Association Reg.No. 102/ 2006 v. The Director Of Local Fund Audit

2019-02-01Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.2560 of 2019 Tamil Nadu Corporation and Municipal, Pensioners Association Reg.No.102/2006, Rep.by its affiliated and Branch Office, Secretary M.Madheswaran, Having Office at Old Market, East Main Road, Mettur Dam 636 401, Salem District.

...Petitioner

Vs 1.The Director of Local Fund Audit Combined Finance Department Complex, Nandanam, Chennai-600 035.

2.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

3.The Commissioner, Mettur Municipality, Mettur, Salem District.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pay Special Provident Fund with interest, Earned Leave encashment of benefits, V Pay Commission arrears and Provident Fund with interest to the pensioners mentioned in the annexure within a date fixed by this Hon'ble Court as per the communications of the respondents in Na.Ka.No.ggh1/29928/2018, dated 31-10-2018 and in Na.Ka.No. 1069/2018/m3 dated 16-11-2018. For Petitioner : Mr.A.R.Nixon For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The petitioner Association has filed this writ petition to direct the respondents to pay Special Provident Fund with interest, Earned Leave encashment benefits, V Pay Commission arrears and Provident Fund with interest to the pensioners mentioned in the annexure as detailed in the affidavit, within a date fixed by this Court as per the communications of the respondents in Na.Ka.No.ggh1/29928/2018, dated 31-10-2018 and in Na.Ka.No. 1069/2018/m3 dated 16-11-2018.

2.The grievance of the petitioner is that even though an official letter dated 16.11.2018 has been sent by the Municipal Administration and Water Supply Department to the Mettur Municipality in this regard, no action is forthcoming. 3.Mr.A.N.Thambidurai, learned Special Govt.Pleader, takes notice for the respondents.

4.Considering the facts and circumstances of the case, the respondents are directed to pass appropriate orders in the light of the communication dated 16.11.2018 sent by Municipal Administration and Water Supply Department to the Mettur Municipality, within a period of six weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. No costs. KM Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Director of Local Fund Audit Combined Finance Department Complex, Nandanam, Chennai-600 035.

2.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

3.The Commissioner, Mettur Municipality, Mettur, Salem District.

+1cc to Mr.A.R.Nixon, Advocate, S.R.No.9041 +1cc to the Government Pleader, S.R.No.9776 W.P.No.2560 of 2019 KAK(06/03/2019)