M.Nagarajan, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M. Nagarajan ... Petitioner Vs The Commissioner, Salem Corporation, Salem.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to forthwith consider and pass orders on the representations of the petitioner dated 28.07.2022 and 22.09.2022 submitted to disburse the retirement benefits i.e., the Gratuity, Commutation, Special Grade Salary, Earn Leave Salary, etc. to the petitioner.

For Petitioner : Ms.A. Bharathi For Respondent : Ms. N. Devi Standing counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Ms. N. Devi, learned Standing counsel accepts notice on behalf of 1/4

the respondent.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondent to pay the retirement benefits to the petitioner, based on his representations, dated 28.07.2022 and 22.09.2022, within a time frame to be fixed by this Court.

4. According to the petitioner, he retired from service from the respondent Corporation. However, according to him, till date, his retirement benefits i.e. Gratuity, Commutation, Special Grade Salary, Earned Leave Salary etc., have not been paid by the respondent Corporation. In such circumstances, he has given representations, dated 28.07.2022 and 22.09.2022 to the respondent. Since the representations have not been considered, till date, he has filed this writ petition.

5. Heard Ms. A. Bharathi, learned counsel for the petitioner and Ms.N. Devi, learned Standing counsel appearing for the respondent.

6. No prejudice would be caused to the respondent, if the petitioner's representations as stated supra are considered on merits and in accordance with law within a time frame to be fixed by this Court. The petitioner 2/4

claims that his retirement benefits have not been paid despite his retirement.

7. The petitioner has filed the documents along with this writ petition in support of his case. It is for the respondent to consider the same on merits and in accordance with law.

8. For the foregoing reasons, this Court directs the respondent to pass final orders on the petitioner's representations dated 28.07.2022 and 22.09.2022 requesting for payment of his retirement benefits, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

9. With the aforesaid direction, this writ petition is disposed of. No costs.

14.11.2022 (3/3) Index: Yes/ No Internet : Yes / No Speaking Order/Non-speaking Order vsi2 ABDUL QUDDHOSE, J.

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vsi2 To The Commissioner, Salem Corporation, Salem.

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