M.Mohan Chandran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Mohan Chandran ... Petitioner Vs.
1.The Secretary to Government, Department of Finance (Pension), Fort St. George, Chennai.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Buildings, Santhome, Chennai - 28.
3.The Municipal Commissioner, Namakkal Municipality, Krishnagiri.
4.The Municipal Commissioner, Krishnagiri Municipality, Krishnagiri.
5.The Director of Local Audit Fund, Integrated Complex for Finance Department, Teynampet, Chennai.
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6.The Commissioner, The Commissionerate of Treasuries and Accounts, CPS Cell, Government of Data Centre, Perasiriyar K. AnbazhagamMaaligai, 5th Floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.
[R6 impleaded as per order of this Court dated 19.06.2023 in WMP.No.17419 of 2023 in WP.No.11844 of 2023] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to dispose of representation dated 15.11.2022 and consequently direct the respondents to disburse the petitioner's Contributory Pension Scheme amount and the contribution of the Government accrued in the petitioner's CPS Account No.750799 along with eligible interest to the petitioner.
For Petitioner : Mr.M. Rajamathivanan For Respondents : Mr.P. Baladhandayutham, Special Government Pleader [R1 & R2] Mr.B. Anand [R4]
ORDER
The limited prayer sought for by the petitioner, is for a direction to the respondents, to dispose of his representation, wherein, he had sought 2/6
for disbursement of the Contributory Pension Scheme amount and the contribution of the Government, accrued in the petitioner's CPS Account.
2. The petitioner was appointed on 01.08.2013 under the third respondent/Municipality and was governed under the Contributory Pension Scheme. He was thereafter transferred to the fourth respondent/Municipality. He was permitted to retire from his services with effect from 30.06.2019, on attaining the age of superannuation. However, the respondents herein, have not disbursed his pensionary benefits till date and hence, he has filed the present Writ Petition. 3.
The learned counsel appearing for the fourth respondent/Municipality submitted that the pension proposals were initially submitted to the sixth respondent herein on 25.04.2023 and thereafter, represented on 07.06.2023 and that the same is pending before the sixth respondent.
4. In view of the limited prayer sought for and the fact that the proposals are pending before the sixth respondent herein, it would be 3/6
sufficient if the sixth respondent is directed to consider the proposals within a time frame.
5. Accordingly, there shall be a direction to the impleaded sixth respondent herein, to process the fourth respondent's proposal for disbursement of the pensionary benefits to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition stands allowed. No costs.
19.06.2023 Speaking order/Non-speaking order Index:Yes/No Internet: Yes/No Sni 4/6
To 1.The Secretary to Government, Department of Finance (Pension), Fort St. George, Chennai.
2.The Commissioner of Municipal Administration, No.78, Urban Administrative Buildings, Santhome, Chennai - 28.
3.The Municipal Commissioner, Namakkal Municipality, Krishnagiri.
4.The Municipal Commissioner, Krishnagiri Municipality, Krishnagiri.
5.The Director of Local Audit Fund, Integrated Complex for Finance Department, Teynampet, Chennai.
6.The Commissioner, The Commissionerate of Treasuries and Accounts, CPS Cell, Government of Data Centre, Perasiriyar K. AnbazhagamMaaligai, 5th Floor, No.571, Anna Salai, Nandanam, Chennai - 600 035.
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M.S.RAMESH,J.
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