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Madras High CourtWP/9939/2023disposed of

M.Tamilselvi v. The Commissioner

2023-03-31Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023

CORAM

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Writ Petition No.9939 of 2023 M.Tamilselvi ... Petitioner

Versus

The Commissioner, Salem Corporation, Salem - 636 001.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to forthwith disburse the retirement benefits i.e., the Gratuity, Earn Leave Salary, Special leave Salary, Provident Funds, Special Provident Funds, Arrears of Pension, etc, to the petitioner by considering her representation dated 18.12.2022. For Petitioner : A.Bharathi For Respondent : Mrs.N.Devi, Standing Counsel 1/5

ORDER

The Writ Petition is filed in the nature of a Writ of Mandamus directing the respondent Corporation to disburse the retirement benefits i.e., the Gratuity, Earn Leave Salary, Special leave Salary, Provident Funds, Special Provident Funds, Arrears of Pension, etc, to the petitioner by considering her representation dated 18.12.2022, forthwith.

2. By the consent of both parties, the present Writ Petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner was initially appointed as Multipurpose Health Worker on 17.11.1992 in Salem Municipality and subsequently, she was promoted to the Post of Urban Health Nurse under the control of the respondent/Corporation and she has rendered several years of unblemished records of service. While she was in service, by proceedings in Na.Ka.No.F3/10846/2019, dated 30.06.2022, she was informed that she will be permitted to retire from service on 30.06.2020 and accordingly, retired from service on 2/5

30.06.2020. Pursuant to her retirement, the Deputy Director, Salem Corporation, sanctioned the pensionary and retirement benefits, but she has been receiving monthly pension alone from the date of her retirement and that her other retirement benefits, have not been disbursed till date. The petitioner became very sick both physically and financially due to the non disbursement of her retirement benefits. Hence, the petitioner made a representation dated 18.12.2022 to the respondent/ Corporation, to take necessary action to disburse her retirement benefits. However, since no action was taken on the part of the respondent/Corporation, the petitioner was constrained to file this present Writ Petition before this Court.

4. The learned Standing Counsel appearing for the respondent/ Corporation submitted that the representation given by the petitioner would be considered by the authorities concerned and appropriate orders would be passed on its own merits.

5. In view of the above submission, this Court is inclined to pass an order directing the respondent/Corporation to consider the 3/5

petitioner's representation dated 18.12.2022 and pass appropriate orders on its own merits and in accordance with law, as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

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

31.03.2023 (1/5) ssi Index : Yes/No Internet : Yes/No To:

The Commissioner, Salem Corporation, Salem - 636 001.

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V.BHAVANI SUBBAROYAN,J.

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