Mr. M. Saravana Kumar, v. The Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36491 of 2015 M.Saravana Kumar ..Petitioner Vs.

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

2.Zonal Officer, Zone X, Unit - 29 Corporation of Chennai, Kodapakkam, Chennai - 600 024.

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

.. Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the gratuity, Family Pension Arrears, Family Pension, G.P.F. S.G.P.F., Pay Commission Arrears with 18% interest from the date of death of petitioner's father to the petitioner.

For Petitioner :Mr.N.Beulah John Selvaraj For Respondent : Mr.G.Anantharangan Nos. 1 & 2 For Respondent : Mr.S.Gunasekaran No.3 Government Advocate

O R D E R

Mr.G.Anantharangan, learned counsel takes notice on behalf of the respondent No.1 & 2 and Mr.S.Gunasekaran, learned Government Advocate takes notice on behalf of the respondent No.3. By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The writ petition is filed for a Writ of Mandamus, directing the respondents to pay the gratuity, Family Pension Arrears, Family Pension, G.P.F. S.G.P.F., Pay Commission Arrears with 18% interest from the date of death of petitioner's father to the petitioner.

3. The case of the petitioner is that his father late Murugavel was appointed as a Road Thozhalali in Zone X, Unit - 29, Division - 130 in the Corporation of Chennai in the year 1996 and his service was regularised in the year 2006. Further, he stated that his mother viz., Uma was already pre-deceased his father, who died on 20.08.2010 leaving behind the petitioner, two brothers viz., Saravana Kumar & Prakash Kumar and his sister viz., Charulatha and now, they are under the care and custody of their grandparents.

4. The petitioner would further state that the respondent corporation of Chennai, has not paid the retirement benefits of his father, despite representations to that effect. Hence, the present writ petition.

5. Heard Mr.N.Beulah John Selvaraj, the learned counsel for the petitioner, Mr.G.Anantharangan, learned counsel for the respondent Nos. 1 & 2 and Mr.S.Gunasekaran, learned Government Advocate for respondent No.3.

6. This Court, in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the first respondent by enclosing a copy of this order as well as copy of relevant records within a period of two weeks from the date of receipt of a copy of this order. The first respondent, on receipt of the same, is directed to consider the said representation on merits and in accordance with law, in the light of the above said orders and pass appropriate orders within a period of eight weeks therefrom and communicate the decision taken, to the petitioner.

With the above said directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) True Copy Sub Assistant Registrar To 1.The Corporation of Chennai, Rep.by its Commissioner, Rippon Building, Chennai - 600 003.

2.Zonal Officer, Zone X, Unit - 29 Corporation of Chennai, Kodapakkam, Chennai - 600 024.

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

+1cc to Mr.N.Beulah John Selvaraj, Advocate sr.62425 +1cc to Mr.G.Anantharangan, Advocate sr.62139 +1cc to The Government Pleader Sr.62319 W.P.No.36491 of 2015 kgk[co] srg 08/12/2015