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Madras High CourtWP/6851/2021disposed of

L.John Stephen v. The Commissioner

2021-03-17Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6851 of 2021 L. John Stephen ... Petitioner Vs The Commissioner Salem Corporation, Salem ... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cum-Retirement Gratuity, Commutation of Pension, enhancement of Earn Leave Salary, Pay Commission Arrears, arrears of leave salary etc, with permissible interest by considering the representations of the petitioner dated 23.03.2020, 11.11.2020 and 26.12.2020. For Petitioner : Mr.A.Bharathi For Respondents : Mr.C.S.K.Sathish

O R D E R

This writ petition has been filed, seeking a direction to the respondents to disburse the retirement benefits i.e. Deathcum-Retirement Gratuity, Commutation of Pension, enhancement of Earn Leave Salary, Pay Commission Arrears, arrears of leave salary etc, with permissible interest by considering the representations of the petitioner dated 23.03.2020, 11.11.2020 and 26.12.2020.

2. Mr.C.S.K.Sathish, learned counsel takes notice for respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he retired from service as Office Assistant in the respondent Corporation after attaining the age of Superannuation on 31.05.2019. Subsequently, the respondent Corporation by his proceeding in C6/12082/2018 dated 16.10.2019 sanctioned to disburse the retirement benefits payable to the petitioner. However, since the respondents have not disbursed the retirement benefits, the petitioner has made three representations dated 23.03.2020, 11.11.2020 and 26.12.2020 to the respondents for disbursement of the same. As there is no action taken on his representations, having no other remedy except to approach this Court, the petitioner has filed the present writ petition.

4. In view of the limited prayer sought for by the petitioner and if the Petitioner's representation is already pending with the authorities concerned, this Court directs the respondents to consider the representations of the petitioner dated 23.03.2020, 11.11.2020 and 26.12.2020 and pass appropriate orders, in accordance with law, if not already passed, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. It is made clear that in case of any delay in payment, the interest shall be payable at the rate of 10 % per annum from the amount due and if no decision is taken with regard to disbursement of the amount, the entire interest portion shall be recovered from the concerned Officer, who is responsible for disbursement of amount. Further, it is made clear that if any amount has already been paid, the same shall be adjusted during the disbursement of retirement benefits.

5. The petitioner shall furnish her phone number, email ID, if any, etc., along with a copy of the representation dated 23.03.2020, 11.11.2020 and 26.12.2020 and this order, to the respondents forthwith. The respondents are directed to communicate the decision taken on the representation, to the petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/registered post/speed post, so that there is no need for the parties to file contempt after expiry of the specified period. In case the authorities concerned fail to send communication to the parties, they will have to face the civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned un-served for one reason or the other, the same shall be kept in the file without opening it for the proof of attempt of delivery, so that the parties, at a later point of time, will not take a plea that she is not aware of the order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dpq To:

1. The Commissioner Salem Corporation, Salem.

+1 cc to M/s.A.Bharthi, Advocate Sr.No. 17383 W.P.No.6851 of 2021 PMK(CO) RMP(05/05/2021)