Madras High CourtWP/12372/2016disposed of

C.Murali v. The Commissioner

2016-04-01Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.4.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.12372 of 2016 C.Murali ..

Petitioner vs The Commissioner Corporation of Chennai Rippon Buildings, Chennai -600 003 ..

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to pass orders on the representations dated 08.5.2015 seeking retiral benefits on peaceful superannuation w.e.f. 30.6.2012 such as disbursement of Pension, Commutation value of Pension, Death cum Retirement Gratuity (DCRG), SPGF encashment benefits of Leave on Private Affairs and encashment of Earned Leave standing to the credit of the petitioner with interest for the belated payment at the rate of 18% per annum from the date of his claim till the date of realization on merits. For petitioner :

Mr. L.Chandrakumar For Respondent :

Mr.G.Anandrangan

O R D E R

This writ petition has been filed by C.Murali, seeking for a direction to the respondent to pass orders on the representation dated 08.5.2015 claiming retiral benefits, such as disbursement of Pension, Commutation, value of Pension, Death-cum-Retirement Gratuity (DCRG), SPGF encashment benefits of Leave on Private Affairs and encashment of Earned Leave standing to his credit with interest for the belated payment at the rate of 18% per annum from the date of his claim till the date of realization on merits.

2. Heard Mr. L.Chandrakumar, learned counsel for the petitioner and Mr.G.Anandarangan, learned standing counsel, who took notice for the respondent and with their consent, the main writ petition itself is taken up for disposal.

3. The petitioner, who was placed under suspension pursuant to the Disciplinary Proceedings in Charge Memo dated 21.12.2012, was permitted to retire from service vide order dated 07.10.2014 in G.D.C.No.E13/26750/2012, by dropping all the charges. Now the grievance of the petitioner is that though he made a representation dated 08.5.2015 claiming retirement benefits, namely, disbursement of Pension, Commutation value of Pension, Death-cum- Retirement Gratuity (DCRG), SPGF encashment benefits of Leave on Private Affairs and encashment of Earned Leave standing to his credit, the same has not been been considered till date by the respondent. Therefore, the petitioner has come to this Court.

4. Mr. G.Anandarangan, learned standing counsel sought eight weeks time to dispose of the representation dated 08.05.2015 submitted by the petitioner.

5. A perusal of the order dated 07.10.2014 passed by the Principal Secretary/Commissioner of Corporation shows that the order of suspension has been revoked and the petitioner was permitted to retire from service on attaining the age of superannuation on 30.6.2012.

6. In view of the above, this Court, considering the limited prayer sought for by the petitioner, directs the respondent to consider and pass orders on the pending representation dated 08.05.2015, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

To The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai -600 003.

+1cc to Mr.G.AnanthaRangan, Advocate Sr.20648 +1cc to Mr.L.Chandrakumar, Advocate Sr.20678 W.P.No.12372 of 2016 pvs(CO) srg(26/04/2016)