Madras High CourtWP(MD)/10208/2019disposed of

P.Kanniyammal, v. The Commissioner Of Municipal

2019-04-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.10208 to 10214 of 2019 P.KANNIYAMMAL ..PETITIONER IN WP(MD)10208/2019 S.GANESAN ..PETITIONER IN WP(MD)10209/2019 A.SERMAPANDI ..PETITIONER IN WP(MD)10210/2019 N.GANESAN ..PETITIONER IN WP(MD)10211/2019 K.SUBBAN ..PETITIONER IN WP(MD)10212/2019 P.SIVAGANAMMAL ..PETITIONER IN WP(MD)10213/2019 K.THANGARAJ ..PETITIONER IN WP(MD)10214/2019 VS 1.THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5 2.THE COMMISSIONER, TUTICORIN CITY MUNICIPAL CORPORATION, TUTICORIN DISTRICT ...RESPONDENTS IN ALL WRIT PETITIONS COMMON PRAYER IN WP(MD)NOS.10208/2019 TO 10214/2019: Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent No.

2 to provide the arrears of interest for the subscription amount deducted from the salary of 1.The Petitioner's Husband in WP(MD)No.10208/2019 2.The Petitioner in WP(MD)No.10209/2019 3.The Petitioner in WP(MD)No.10210/2019 4.The Petitioner in WP(MD)No.10211/2019 5.The Petitioner in WP(MD)No.10212/2019 6.The Petitioner's Husband in WP(MD)No.10213/2019 7.The Petitioner in WP(MD)No.10214/2019 towards the General Provident fund while in service along with Dearness Allowance Arrears and Vth pay Commission Arrears and Revised Pay Commission Arrears, within the time stipulated by the Hon'ble Court.

For Petitioner in all the petitions : Mr.S.Louis For Respondents in all the petitions : Mr.V.Anand, Government Advocate

COMMON ORDER The writ petitions are filed by the legal heirs of the deceased employees and the employees of the respondents seeking a direction to the respondents to provide the arrears of interest for the subscription amount deducted from the salary towards the General Provident Fund while in service along with Dearness Allowance Arrears and Vth Pay Commission Arrears and revised pay commission arrears.

2. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate who takes notice for the respondents. By consent, all the writ petitions are taken up for disposal at the admission stage itself.

3. Though these petitions have been filed for a larger relief, the learned counsel appearing for the petitioners submits that the petitioners will be satisfied, if a direction is issued to the 2nd respondent, to consider the representations of the petitioners, dated 01.09.2018, 08.10.2018, 08.10.2018, 08.10.2018, 08.10.2018, 01.11.2018 and 11.01.2019 respectively.

4. The learned Government Advocate appearing for the respondents submitted that the claim of the petitioners would be considered by the respondents within a time frame to be fixed by this Court.

5. Considering the facts and circumstances of the case and also having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the 2nd respondent is directed to consider the claim of the petitioners, based on their representations dated 01.09.2018, 08.10.2018, 08.10.2018, 08.10.2018, 08.10.2018, 01.11.2018 and 11.01.2019 respectively, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioners.

6. All the Writ Petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar (AD -II) // True Copy // Sub Assistant Registrar(CS)

To 1.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-63735[F] dated 29/04/2019 ) TRP W.P(MD)Nos.10208 to 10214 of 2019 26.04.2019 KM/(28.05.2019) 4P 4C