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Madras High CourtWP/23287/2019disposed of

A.Rangasamy v. Pondicherry Municipality

2019-10-21Honourable Mr Justice Subramonium Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21/10/2019 C O R A M The Honourable Mr.Justice SUBRAMONIUM PRASAD Writ Petition Nos.23287 and 23292 of 2019 W.P.No.23287 of 2019:

1. A. Rangasamy

2. Francis Soucenadin Djeganadane

...Petitioners in

W.P.No.23287 of 2019 W.P.No.23292 of 2019:

1. Alphonse Thiagaradj Rapin

2. Vidjeacoumar

3. R. Rajendiran

4. S. Virappin

...Petitioners in

W.P.No.23292 of 2019 Vs

1. Pondicherry Municipality rep. By its Commissioner Kamban Kalaiarangam Bussy Street Puducherry 605 001.

2. The Director of Local Administration Suffren Street Puducherry 605 001.

3. Union Territory of Puducherry rep. By the Secretary to Government Local Administration Department Puducherry 605 001.

...Respondents

Prayer in W.P.No.23287 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents herein to forthwith consider the representations of the petitioners ending with representation dated 6/5/2019 and pass appropriate

orders on the requests of the petitioners for payment of commuted value of Pension and Retirement Gratuity with interest accrued thereon.

Prayer in W.P.No.23292 of 2019:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents herein to forthwith consider the representations of the petitioners ending with their representations dated 6/5/2019 and 19/7/2019 and pass appropriate orders on the requests of the petitioners for payment of commuted value of Pension and Retirement Gratuity with interest accrued thereon by refixing their pay and pension as well as applicable allowances and also the Commuted Value of Pension and the Retirement Gratuity as per 7th Pay Commission recommendations.

For petitioners ...

Mr.Kandhan Duraisami For respondents ...

Ms.N.Mala Additional Government Pleader for R.1. (Pondicherry) Mr.A.V.Ramalingam Additional Government Pleader for R.R.2 and 3. (Pondicherry) C O M M O N O R D E R Petitioners are retired employees of Pondicherry Municipality, in various posts and the dates of their retirement on superannuation are as follows:- S.

NO.

Name of the petitioners Date of retirement Commuted value of Pension (Rs.) Retirement Gratuity (Rs.) 1.

A.Rangasamy 30/9/2015 3,80,137 6,98,495 2.

Francis Soucenadin Djeganadane 31/12/2015 3,82,300 7,02,471

3. Alphonse Thiagaradj Rapin 31/7/2016 3,34,906 5,07,714 4.

Vidheacoumar 31/8/2016 2,70,992 5,11,583 5.

R.Rajendiran 31/1/2017 3,34,906 5,17,293 6.

Virappin 31/12/2017 3,42,969 6,47,460

2. Respondents have already calculated amount of pension and gratuity due and payable to the petitioners, but have not yet released the amount. Petitioners have been repeatedly seeking for release of the amount of pension, which is being denied, for the last three years. Last of the representations has been given by the petitioners in May 2019. Since the amount has not been paid to the petitioners, petitioners have filed the instant writ petitions, to direct the respondents to forthwith consider the representations of the petitioners ending with their representations dated 6/5/2019 and 19/7/2019 and pass appropriate orders on the requests of the petitioners for payment of commuted value of Pension and Retirement Gratuity with interest accrued thereon by refixing their pay and pension as well as applicable allowances and also the Commuted Value of Pension and the Retirement Gratuity as per 7th Pay Commission recommendations.

3. Ms.N.Mala, learned Additional Government Pleader for Pondicherry Municipality states that they will consider the representation and pass orders, within a period of four weeks from today.

4. This Court, need not remind the counsel for Municipality that pension is not a bounty but it is deferred wages, which any employee is entitled to after his retirement. If there is any arrear, Government should not with hold such amount. Keeping the sanctity of pension, the respondents are directed to dispose of the representations of the petitioners, dated 6/5/2019 and 19/7/2019 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order.

5. Learned counsel for the respondent Municipality is requested not to wait till the receipt of the order copy, for communicating the instructions to the Municipality.

6. With the above direction, writ petitions are disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs.

To

1. The Commissioner Pondicherry Municipality Kamban Kalaiarangam Bussy Street Puducherry 605 001.

2. The Director of Local Administration Suffren Street Puducherry 605 001.

3. The Secretary to Government Union Territory of Puducherry Local Administration Department Puducherry 605 001.

+2 ccs to M/s.Muthumani Doraisami, Advocate, S.R.No.87599 +1 cc to the Government Pleader cum Public Prosecutor for Pondicherry, Hig hCourt, Madras , S.R.No.87877 Writ Petition Nos.23287 and 23292 of 2019 GP(CO) SSM(21/10/2019)