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Madras High CourtWP/14874/2021disposed of

P.Vasantha v. The Commissioner,

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.Nos.14874, 14877, 14879 and 14881 of 2021 P.Vasantha .. Petitioner in W.P.No.14874 of 2021 S.R.P.Murugesan .. Petitioner in W.P.No.14877 of 2021 V.Mageswari .. Petitioner in W.P.No.14879 of 2021 R.Sulochana .. Petitioner in W.P.No.14881 of 2021

Versus

The Commissioner, Salem Corporation, Salem.

.. Respondents in W.P.Nos.14874, 14879 & 14881 of 2021

1. The Commissioner, Salem Corporation, Salem.

2. The Assistant Commissioner (Accounts) Salem Corporation, Salem.

.. Respondents in W.P.No.14877 of 2021 PRAYER in 14874 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cum-Retirement Gratuity, Commutation of Pension, Encashment of Earned Leave Salary, Pay Commission Arrears, Arrears of Leave Salary, Pending Pension Salary (2018), etc. with permissible interest payable to the petitioner by considering the representation of the petitioner dated 9.11.2020.

PRAYER in 14877 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to forthwith disburse

the retirement benefits i.e. Gratuity, Special Grade Salary etc. payable to the petitioner by considering the representations of the petitioner dated 10.11.2020, 05.02.2021 and 01.07.2021. PRAYER in 14879 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cum-Retirement Gratuity, Commutation of Pension, Enhancement of Earn Leave Salary, Pay Commission Arrears, Arrears of Leave Salary, Earned Leave Surrender Salary, etc. with permissible interest payable to the petitioner by considering the representation of the petitioner dated 21.06.2021.

PRAYER in 14881 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cum-Retirement Gratuity, Commutation of Pension, Enhancement of Earn Leave Salary, Pay Commission Arrears, Arrears of Leave Salary, etc. with permissible interest payable to the petitioner by considering the representation of the petitioner dated 21.06.2020. For Petitioner : Mr.A.Bharathi For Respondents : No Appearance O R D E R The petitioners in all these cases are employed under the Salem Corporation and the petitioners in all these writ petitions have retired from service.

2.It is stated by some of the petitioners that the Deputy Director of Local Fund Audit, Salem Corporation approved the pensionary and retirement benefits due to the petitioners. It is represented that, despite the fact that the Commissioner, Salem Corporation sanctioned the pensionary and retirement benefits due to the petitioners, the respondents have not disbursed the retirement benefits so far. It is in the said circumstances, the petitioner in each writ petition submitted an individual representation to the first respondent and requested the Commissioner, Corporation to disburse the retirement benefits. Stating that the representations of the petitioners have not been considered in their favour, the present writ petitions have been filed by the retired employees of Salem Corporation. 3.The learned counsel appearing for the petitioners states that the petitioners will be satisfied if a direction is issued to the first respondent to consider the petitioners' representation and pass appropriate orders and to disburse the

eligible amount towards retirement benefits, within a time stipulated by this Court.

4.Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel appearing for the petitioners, without expressing any opinion on the merits of the petitioners' representations, these writ petitions are disposed of with a direction to the first respondent to consider the individual representations of the petitioners and dispose of the same by passing a speaking order or to take necessary steps to disburse the retirement benefits to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioners. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssr To

1. The Commissioner, Salem Corporation, Salem.

2. The Assistant Commissioner (Accounts) Salem Corporation, Salem.

+1CC to Government Pleader, Sr.No.35004/21 W.P.Nos.14874, 14877, 14879 and 14881 of 2021 RLD (CO) K.RK. (09.08.2021)