K.Amirthammal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1612 of 2016 K.Amirthammal ... Petitioner ..Vs..

1.The Commissioner, Social Welfare Department, Thiru.vi.ka.Industrial Estate, Guindy, Chennai-32.

2.The District Social Welfare Officer, Villupuram District, Villupuram.

3.The Child Development Project Officer, Marakanam, Tindivanam Taluk.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the petitioner's Selection Grade Pay from 04.09.2006 to 21.02.2007 and to pay Provident Fund and Special Provident Fund to the petitioner and also to pay the Pensionary benefits including pension from the date of retirement of the petitioner from 31.10.2010.

For Petitioner : Mr.N.Suresh For Respondents : Mr.S.Gunasekaran, Government Advocate.

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. According to the petitioner, she was originally appointed as Child Welfare Organizer on 01.07.1978. Thereafter, she was promoted as Nutrition Supervisor, Grade-II on 01.11.1993 and she was permitted to retire from service on 31.10.2010. As per the earlier order of this Court dated 07.08.2013 in W.P.No.32222 of 2012, the petitioner was granted Selection Grade

Pay from 01.11.2003. However, the respondents have not paid the terminal benefits of the petitioner including pension and therefore, she made representations dated 25.02.2015 and 16.10.2015 expressing her grievance. But, the respondents have not passed any orders so far. Therefore, the present writ petition is filed.

3. Heard Mr.N.Suresh, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.

4. This Court, considering the submission of the learned counsel for the petitioner and without going into the merits of the case, directs the second and third respondents to consider and dispose of the representations of the petitioner's dated 25.02.2015 and 16.10.2015 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 and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Commissioner, Social Welfare Department, Thiru.vi.ka.Industrial Estate, Guindy, Chennai-32.

2.The District Social Welfare Officer, Villupuram District, Villupuram.

3.The Child Development Project Officer, Marakanam, Tindivanam Taluk.

+1cc to Mr.N.Suresh, Advocate, S.R.No.2763 +1cc to the Government Pleader, S.R.No.3018 W.P.No.1612 of 2016 vgi(CO) srg(24/02/2016)