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Madras High CourtWP/14984/2021disposed of

K.Selvi v. The Greater Chennai Corporation

2021-07-20Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 14984 of 2021 and W.M.P. No.15865 of 2021 1.K.Selvi 2.M.Kumari 3.P.Pencilamma 4.P.Sulochana .. Petitioners

Versus

1.The Greater Chennai Corporation, Rep.by its Commissioner, Rippon Building, Chennai - 600 003.

2.The Superintending Engineer, Solid Waste Management, Greater Chennai Corporation, Amma Maligai, Rippon Buildings, Chennai - 600 003.

3.The Secretary to Government, Municipal Administration, Water Supply Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider the petitioners' representation dated 02.06.2021, 29.06.2021 to grant pensionary benefits and terminal benefits by taking account of 50% temporary service of the petitioner served in the respondents Corporation from 18.06.1997 to 28.02.2006, 18.02.1997 to 28.02.2006, 28.02.1996 to 28.02.2006, 10.09.1996 to 28.02.2006 as per G.O. Ms. No.408 dated 25.08.2009 Finance (Pension) Department and service benefits along with suitable interest to the petitioners. For Petitioners : Mr. N.Beulah John Selvaraj For Respondents 1&2 : Mr. M.Ganesan : Mr. C.Kathiravan Government Advocate

O R D E R This writ petition is filed to issue a Writ of Mandamus directing the first respondent to consider the petitioners' representations dated 02.06.2021 and 29.06.2021, to grant pensionary benefits and terminal benefits by taking into account of 50% temporary service of the petitioners served in the respondents Corporation from 18.06.1997 to 28.02.2006, 18.02.1997 to 28.02.2006, 28.02.1996 to 28.02.2006, 10.09.1996 to 28.02.2006 as per G.O. Ms. No.408 dated 25.08.2009 Finance (Pension) Department and service benefits along with suitable interest to the petitioners.

2. Considering the facts and circumstances of the case and having regard to the limited scope of the prayer that is sought in this writ petition, without expressing any opinion on the merits of the petitioners' representation, this Court is inclined to direct the first respondent to consider the representations of the petitioners dated 02.06.2021 and 29.06.2021.

3. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider the representations of the petitioners dated 02.06.2021 and 29.06.2021, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the order to the petitioners. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bkn To 1.The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Superintending Engineer, Solid Waste Management, Greater Chennai Corporation, Amma Maligai, Rippon Buildings, Chennai - 600 003.

3.The Secretary to Government, Municipal Administration, Water Supply Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

+1cc to Mr.M.Ganesan Advocate, S.R.No. 35271 +1cc to Mr.N.Beulah John Selvaraj Advocate, S.R.No. 35185 +1cc to the Government Pleader, S.R.No. 34950 W.P. No. 14984 of 2021 NK(CO) SB(09/08/2021)