Madras High CourtWP/20323/2015disposed of

Kavali Abraham, v. The Commissioner,

2015-07-08Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.07.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.20323 OF 2015 Kavali Abraham .. [ PETITIONER ] Vs 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.

2 The Zonal Officer Zone-IV, Corporation of Chennai No.226 T.H.Road, Chennai-21.

3 The Zonal Officer Zone-V, Corporation of Chennai Basin Bridge, Chennai-21.

[ RESPONDENTS ] Writ petition is filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the 1st respondent to consider petitioner representation dated 04.11.2013 and to grant pensionary benefits and terminal benefits by taking 50% of temporary service of the petitioner served in the 1st respondent corporation from 02.02.1971 to 04.09.1986 as per G.O.408 dated 25.08.2009 Finance (Pension) Department and other service benefits along with suitable interest.

For Petitioner : Mr.R.Narendran For Respondents : Mr.S.Saravanan

O R D E R

With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage itself.

2.According to the petitioner, he was temporarily working as Sanitary Worker on daily wage basis in the Corporation of Chennai with effect from 02.02.1971; he was made permanent on 04.09.1986 and he attained the age of superannuation on 01.07.2013. The petitioner made a representation on 04.11.2013 to the first respondent to settle the terminal benefits, by counting 50% of the temporary service from 02.02.1971 to 04.09.1986, along with regular service for payment of pension based on G.O.Ms.No.408, Finance Department, dated 25.08.2009. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner submits that the first respondent may be directed to dispose of the representation submitted by the petitioner dated 04.11.2013, within a stipulated period. 4.In view of the narrow made, the first respondent is directed to consider the representation submitted by the petitioner dated 04.11.2013, regarding payment of terminal benefits, by counting 50% of the temporary service from 02.02.1971 to 04.09.1986, along with regular service for payment of pension based on G.O.Ms.No.408, Finance Department, dated 25.08.2009, and pass appropriate 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. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar rpa To 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.

2 The Zonal Officer Zone-IV, Corporation of Chennai No.226 T.H.Road, Chennai-21.

3 The Zonal Officer Zone-V, Corporation of Chennai Basin Bridge, Chennai-21.

+1 cc to Mr. R. Narendran, Counsel for the Petitioner sr.34144 +1 cc to Mr. S. Saravanan, Counsel for the Respondent, sr. 34218 W.P.No.20323 of 2015 vgi(co) kra(27/07) https://hcservices.ecourts.gov.in/hcservices/