Muthunayagam .R v. The Assistant Commissioner/Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.3223 of 2024 R.Muthunayagam ... Petitioner Vs.
The Assistant Commissioner/ Executive Officer, Arulmigu Thirumalai Kumarasamy Thirukovil, Pankoli, Senkottai Taluk, Tenkasi District - 627 807.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to disburse the retirement benefits such as gratuity, Earn Leave Surrender, Special Provident Fund which are payable to him together with interest from his date of superannuation i.e., on 31.03.2023. For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.S.Manoher Standing Counsel 1/5
O R D E R
The instant Writ Petition has been filed by a retired Junior Assistant of the respondent Temple, seeking a Mandamus for disbursement of terminal benefits.
2. According to the learned counsel appearing for the writ petitioner, the petitioner has been permitted to retire from service on 31.03.2023. On 10.09.2023, proceedings were received by the respondent directing the petitioner to pay a sum of Rs.1,932/- on the ground that some excess amount has already been paid to him. Accepting the said order, the petitioner has already paid the said amount. Despite that the terminal benefits were not released, hence the present writ petition.
3. Pending writ petition, the respondent has issued proceedings on 22.02.2024 demanding a sum of Rs.2,30,474.50/- on the ground that some audit objection has been raised after retirement of the writ petitioner. The petitioner has submitted his explanation to the said proceedings on 28.02.2024 and on 22.07.2024. So far, orders have not been passed on explanation submitted by the writ petitioner. 2/5
4. Considering the above said facts, this Court is inclined to pass the following orders:
(i) The respondent Temple is directed to release the entire terminal benefits of the writ petitioner (after retaining a sum of Rs.2,25,656.50/-) in two equal installments, the first installment shall be paid on or before 31.12.2024 and the balance amount shall be paid on or before 28.02.2025; and (ii) As far as the audit objection amount of Rs.2,30,474.50/- is concerned, the respondent herein is directed to conduct an enquiry and pass orders within a period of eight weeks from the date of receipt of a copy of this order. Based upon the said order, the releasing of the balance amount shall be made.
3/5
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
19.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To The Assistant Commissioner/ Executive Officer, Arulmigu Thirumalai Kumarasamy Thirukovil, Pankoli, Senkottai Taluk, Tenkasi District - 627 807.
4/5
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.3223 of 2024 19.10.2024 5/5