Mr. M.Duraikannu, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.14775 of 2014 And M.P.No.1 of 2015 M.Duraikannu ... Petitioner Vs.
1.The Government of Tamilnadu, Rep. by the Secretary to Government, Tamil Development, Culture and Religious Endowments {A Ni - 1} Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam, Chennai - 600 034.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, No.4, Jambu Bala Buildings, Arcot Road, Vellore - 4.
4.The Executive Officer, Arulmigu Sundarareswarar Thiru Kovil, Kovoor, Mangadu {Via}, Kancheepuram District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the entire retirement and pensionary benefits admissible to the petitioner in respect of the petitioner's services from 01.11.1986 till the date of his retirement on 31.05.2009, including the remaining portion of the benefits admissible under
the E.P.F. and E.P.S. Schemes, the arrears of pensionary benefits arising consequent to the revision of pay scales as per the VI Pay Commission, leave encashment, Pongal bonus and all other retirement benefits, together with interest thereon for the belated payments till realization.
For Petitioner : Mr.T.N.Sugesh For Respondents: Mr.M.Karthikeyan for R1 to R3 Special Government Pleader Mr.Wilson for R4 for M/s.A.S.Kailasam & Associates
O R D E R
The petitioner has filed this writ petition seeking direction to the respondents to pay the entire retirement and pensionary benefits admissible to him together with interest. 2.The case of the petitioner is that he was appointed as Garland Maker in the fourth respondent Temple on 01.11.1986 and was made permanent in the said job with effect from 01.11.1987 and he retired from service on 31.05.2009, however, his retirement and pensionary benefits were not settled. In this regard, he made representation to the respondent and since there was no response, has come forward to file this writ petition. 3.Perusal of counter affidavit filed by the fourth respondent reveals that the amounts admissible to the petitioner have been settled and a sum of Rs.1,000/- per month is being paid to the petitioner as pension.
4.In view of the averment so made in the counter affidavit, this Court is of the opinion that nothing remains to be done in this writ petition, except granting liberty to the petitioner to approach the Authority concerned with a fresh representation, if there is any discrepancy in the settlement of retirement benefits.
5.Accordingly, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
pri To 1.The Secretary to Government, Tamil Development, Culture and Religious Endowments {A Ni - 1} Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Board, Nungambakkam, Chennai - 600 034.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, No.4, Jambu Bala Buildings, Arcot Road, Vellore - 4.
4.The Executive Officer, Arulmigu Sundarareswarar Thiru Kovil, Kovoor, Mangadu {Via}, Kancheepuram District.
+1cc to the Government Pleader Sr.3433 +1cc to M/s.T.N.Sugesh, Advocate Sr.3017 +1cc to M/s.A.S.Kailasam Associates, Advocate Sr.2633 W.P.No.14775 of 2014 And M.P.No.1 of 2015 ssv[co] srg 26/02/2021