Madras High CourtWP/1951/2023disposed of

J.Alamelmangai v. The Principal Secretary

2023-01-25Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Alamelumangai W/o.C.Sekar ... Petitioner Vs.

1.The Principal Secretary to the Government, Health & Family Welfare (AA2) Department, Fort St.George, Chennai -9.

2.The Director of Medical Education, Kilpauk, Chennai - 10.

3.The Dean, Madras Medical College, Chennai - 3.

4.The Dean, Madurai Medical College, Madurai.

5.The Dean, Theni Medical College, Theni.

6.The Dean, Chengalpattu Medical College, Chengalpattu.

... Respondents 1/5

Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to draw and disburse all the dues arising out of the petitioner's superannuation on 30.06.2022 and settle all the retirement and pensionary benefits with interest @ 12% p.a. compounded annually till the date of disbursement, within a reasonable time.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.Stalin Abhimanyu Additional Government Pleader *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to draw and disburse all the dues payable to the petitioner after her superannuation on 30.06.2022 and to settle the same with interest within a time frame fixed by this Court.

2. This case has a checkered history and it is not necessary to extract the entire facts of the case. The crux of the issue that is involved in the present writ petition is that the retirement and pensionary benefits of the petitioner is yet to be settled after the petitioner superannuated on 30.06.2022 and the petitioner has also sought for the payment of the salary for the period from 31.07.2021 to 30.06.2022 with interest. Representations in this regard were made on 07.07.2022 and 21.07.2022. 2/5

3. Learned counsel for the petitioner submitted that already details have been furnished by the third respondent to the second respondent and presently, the claim of the petitioner is pending before the second respondent. In view of the same, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.M.Muthappan, learned counsel for the petitioner and Mr.Stalin Abhimanyu, learned Additional Government Pleader, appearing for the respondents.

5. Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the respondents 2 and 3 to consider the representations of the petitioner dated 07.07.2022 and 21.07.2022 on its own merits and in accordance with law and the entire benefits to which the petitioner is entitled shall be settled within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents 2 and 3 along with all the relevant documents and also a copy of this order.

3/5

Accordingly, this Writ Petition is disposed of with the above direction. No costs.

25.01.2023 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary to the Government, Health & Family Welfare (AA2) Department, Fort St.George, Chennai -9.