Saroja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN

1. Saroja 2.Sekar 3.Ammasi 4.Kaliammal 5.Palaniammal 6.Pappathi 7.Nagarani 8.Perumal 9.Madhavan 10.Nagaraj 11.S.Palanisamy ... Petitioners Vs.

1. The Commissioner, Administration of Municipality, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Director of Municipality Administration, Office of the Corporation of Salem, Salem District.

3.The Commissioner, Mettur Municipality, Mettur Dam- 636 401, Salem District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents herein to grant pension to the petitioners based on their representations dated 23.04.2018.

For Petitioners :

Mr.M.Senthil Kumar For Respondents :

Mr.V.Manoharan Additional Government Pleader for R1 and R2 Ms.L.P.Maurya for R3

ORDER

This writ petition has been filed for direction, directing the respondents to grant pension to the petitioners based on their representation dated 23.04.2018. The petitioners have been appointed as Sanitary Workers in the third respondent Municipality on consolidated salary. Thereafter, their services were confirmed. However, after their retirement they were not considered for any pension. Therefore, the petitioners submitted representation seeking pension.

2. On perusal of the counter filed by the third respondent and on the submissions made by Ms.L.P.Maurya, learned counsel, it is revealed that at 2/5

the time of filing the writ petition, the petitioner Nos.1, 6, 7, 10 and 11 are still in service. Therefore, their representation seeking pension does not arise. In so far as the petitioner Nos.2, 5, 8 and 9 are concerned, they have already died. However, pension proposals have been sent to the Directorate of Local Fund Audit, Chennai and it is pending.

3. In view of the above, the Directorate of Local Fund Audit, Chennai is directed to consider the proposals submitted by the third respondent and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, if not already disposed of.

4. In view of the above said order, this writ petition is disposed of in so far as the persons who got retired from the third respondent Municipality. There shall be no orders as to costs.

01.10.2024 Index : Yes/No Speaking Order : Yes / No ab 3/5

To

1. The Commissioner, Administration of Municipality, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Director of Municipality Administration, Office of the Corporation of Salem, Salem District.

3.The Commissioner, Mettur Municipality, Mettur Dam- 636 401, Salem District.

4/5

G.K. ILANTHIRAIYAN. J., ab 01.10.2024 5/5