Salem Regional Corporation v. State Of Tamil Nadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA Salem Regional Corporation and Municipal Pensioners Association, Reg. No.227/2003 Rep. by its President K.C.Venkatachalam Varadappan Street, Fort Salem - 636 001.
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Petitioner versus 1.State of Tamil Nadu, Rep. by its Additional Chief Secretary, Municipal Administration and Water Supply Department, Fort. St. George, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.75,Santhome High Road, Raja Annamalaipuram, MRC Nagar, Chennai - 600 028.
3.The Commissioner, Salem Corporation, Salem.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to pay: (a) monthly pension as per Pension Rules 80(2) before the end of each month, 1/5
(b) other terminal benefits 3 months from the date of superannuation failure to that, direct the respondents to pay interest on the belated payment as per Rule 45-A (1) (1A) as per the representation of the Petitioner' Association dated 05-02-2021 and 08-02-2021.
For Petitioner :
Mr.A.R.Nixon For Respondent Nos.1 & 2 :
Mr.S.Arumugam Government Advocate For Respondent No.3 :
M/s.N.Devi
O R D E R
Heard Mr.A.R.Nixon, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondents 1 and 2 and M/s.N.Devi, learned counsel for the 3rd respondent and perused the materials available on record.
2.
The petitioner is a registered Association formed for the Welfare of the retired employees of the Salem Municipal Corporation. The Corporation had sanctioned pensionary benefits only to those persons, who retired prior to 30.06.2016. The petitioner Association made a protest in this regard. During April 2019, some more orders sanctioning the pension were passed. Hence, the petitioner Association has filed this Petition, seeking a writ of mandamus directing the respondents to pay the monthly pension as per Rule 80(2) of the 2/5
Tamil Nadu Pension Rules before the end of each month and other terminal benefits within 3 months from the date of superannuation and also to pay interest on par with the belated payment by considering the petitioner's representations dated 05-02-2021 and 08-02-2021. 3.
Mr.A.R.Nixon, learned counsel for the petitioner made submissions on behalf of the petitioner Association without any particulars in respect of the individual cases. However, the grievance of the petitioner Association can be redressed by the respondents by considering the representation of the individual employees in a positive manner in order to disburse the terminal benefits as expeditiously as possible. With these observations, this Writ Petition is disposed. No costs. 11.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/5
To 1.The Additional Chief Secretary, State of Tamil Nadu, Municipal Administration and Water Supply Department, Fort. St. George, Chennai - 600 009.
2.The Commissioner of Municipal Administration, No.75,Santhome High Road, Raja Annamalaipuram, MRC Nagar, Chennai - 600 028.
3.The Commissioner, Salem Corporation, Salem.
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R.N.MANJULA , J.
sri 11.03.2024 5/5