K.Deivasundari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Deivasundari ... Petitioner -vsThe Commissioner, Salem Corporation, Salem - 636 001.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to pay the entire terminal benefits by considering the representation of the petitioner dated 19.01.2023.

For Petitioner : Mr. T.Sellapandian For Respondent : Mrs. N.Devi

O R D E R

Heard Mr. T.Sellapandian, Learned Counsel for the Petitioner and Mrs. N.Devi, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 1/4

2.

The grievance ventilated by the Petitioner is that she had made a representation dated 19.01.2023 to the Respondent to pay her terminal benefits, but as it did not evoke any response, she has filed this Writ Petition. The Learned Counsel for the Respondent has also filed a memo dated 24.04.2023 furnishing the current stage of settlement of her terminal benefits as mentioned below:- S.

No.

Proceedings No. & date Details of benefits Gross Amount Details Deduction Amount Details Net Amount Details Remarks 1 F3/10845/2019 03.06.2022 Earned Leave 240 days 6,92,016 40,770 6,51,246 Passed for Rs.6,51,246 Date.04.03.2022 To Account Section.

2 F3/10845/2019 03.06.2022 Un earned Leave days 50% 2,59,506 26,989 2,32,517 Passed for Rs.2,32,517 Date.04.03.2022 To Account Section.

3 F3/10845/2019 03.06.2022 Death-CumRetirement Gratuity 13,44,453 --- 13,44,453 Passed for Rs.13,44,453 Date.01.08.2022 To Account Section.

4 F3/10845/2019 03.06.2022 Death-CumRetirement Commutation 10,19,268 --- 10,19,268 Passed for Rs.10,19,268 Date.01.08.2022 To Account Section.

5 F3/10845/2019 03.06.2022 Pension Arrear 41,041 40,541 Passed for Rs.10,19,268 Date.01.08.2022 To Account Section TOTAL 33,56,284 68,259 32,88,025 2/4

3.

In view of the same, it shall be incumbent upon the concerned authority to make payment of the agreed amount to the Petitioner by 31.07.2023 under written aknowledgement. It is needless to add here that if the Petitioner still has any grievance, she is not precluded from working out her remedies before the proper forum in the manner recognized by law. In fine, the Writ Petition is disposed on the aforesaid terms. No costs. 24.04.2023 kkn Index: Yes/No Note: Issue order copy by 05.07.2023.

To The Commissioner, Salem Corporation, Salem - 636 001.

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P.D. AUDIKESAVALU, J.

KKN 24.04.2023 4/4