P.Manimaran v. Tamil Nadu Civil Supplies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.18685 of 2016 P.Manimaran .. Petitioner Vs.
1.Tamil Nadu Civil Supplies Corporation rep. by its Managing Director No.12, Thambusamy Road Kilpauk Chennai-600 010.
2.The General Manager (Administration) Tamilnadu Civil Supplies Corporation No.12, Thambusamy Road Kilpauk Chennai-600 010.
.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent relating to the impugned order, dated 24.06.2015, bearing Ref.No.Proc.No.AE7/22378/2015 and quash the same inasmuch as it withholds a sum of Rs.98,838/- towards the interest on House Building Advance calculated at the rate of 14.50% and consequently, to direct the respondents to calculate the interest at the rate of 7.50% upto Rs.50,000/- and 9 % for Rs.50,001/- to Rs.1,50,000/- and 11 % from Rs.1,50,001/- onwards and to repay the excess amount withheld from the petitioner with interest at the rate of 9 % per annum w.e.f. 30.06.2015, till the date of disbursement.
For Petitioner :
M/s.Sai Bharath & Ilan For Respondents :
Mr.L.P.Shanmughasundaram Special Government Pleadeer
O R D E R
By consent, the Writ Petition is taken up and disposed of at the admission stage itself.
2. This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent relating to the impugned order, dated 24.06.2015, bearing Ref.No.Proc.No.AE7/22378/2015 and quash the same inasmuch as it withholds a sum of Rs.98,838/- towards the interest on House Building Advance calculated at the rate of 14.50% and consequently, to direct the respondents to calculate the interest at the rate of 7.50% upto Rs.50,000/- and 9 % for Rs.50,001/- to Rs.1,50,000/- and 11 % from Rs.1,50,001/- onwards and to repay the excess amount withheld from the petitioner with interest at the rate of 9 % per annum w.e.f. 30.06.2015, till the date of disbursement.
3. The petitioner entered into service as Trainee Bill Clerk of the Tamil Nadu Civil Supplies Corporation, on 01.06.1979. He retired from service on attaining the age of superannuation, on 30.06.2015, as Assistant Manager. The petitioner applied for House Building Advance and he was totally granted a sum of Rs.3,38,000/- in the year 2001-02. The respondent Management has wrongly calculated interest at the rate of 14.50% per annum, and withhold a huge sum of Rs.98,838/- from the retiral benefits of the petitioner. In this regard, the petitioner has made a representation on 25.01.2016, but, till date, there was no response and hence, this Writ Petition has been filed.
4. The learned counsel for the petitioner would submit that, though, the prayer in this Writ Petition is for a larger relief, he is restricting his claim and he would be satisfied, if a direction is issued to the 2nd respondent to consider the representation filed by the petitioner, on 25.01.2016, seeking for refund of the amount of Rs.98,838/- withheld by the 1st respondent from the retiral benefits of the petitioner and to pass appropriate orders, in the light of the order passed by this Court in W.P.No. 40168 of 2005 etc., which were filed by similarly placed persons, whereby, this Court allowed the Writ Petitions and directed the respondent Management therein to charge interest only at the rate of 7.50% or 9 % or 11 %, as applicable. Challenging the said Writ Petitions, the Management filed W.A.Nos.250 to 256 of 2012 and this Court, by judgment, dated 09.07.2012, dismissed the Writ Appeals, thereby, confirming the order passed in the Writ Petitions.
5. Mr.L.P.Shanmughasundaram, the learned Special Government Pleader, who takes notice on behalf of the respondents, would contend that he has got no objection, in directing the 2nd respondent to consider the representation of the petitioner and to pass appropriate orders, on merits and in accordance with law.
6. Taking into consideration that the petitioner has filed a representation before the 2nd respondent, on 25.01.2016, and the same is pending before him and also the fact that the petitioner has restricted his prayer, this Court, without going into the merits of the claim made by the petitioner, directs the 2nd respondent to consider the representation of the petitioner, dated 25.01.2016, and pass appropriate orders, in the light of the order passed by this Court in W.P.No. 40168 of 2005 etc., whereby, this Court allowed the Writ Petitions and directed the respondent Management therein to charge interest only at the rate of 7.50% or 9 % or 11 %, as applicable, after affording sufficient opportunity to the petitioner, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.
7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar paa To 1.Tamil Nadu Civil Supplies Corporation rep. by its Managing Director No.12, Thambusamy Road Kilpauk Chennai-600 010.
2.The General Manager (Administration) Tamilnadu Civil Supplies Corporation No.12, Thambusamy Road Kilpauk Chennai-600 010.
+1cc to M/s. L.P. Shanmughasundaram, Advocate, S.R.No.29678 +1cc to M/s. Sai, Bharath Ilan, Advocate, S.R.No.29686 RK(CO) EU(16/06/2016) W.P.No.18685 of 2016