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Madras High CourtWP(MD)/15064/2019disposed of

Nirmala Joy, v. The Commissinoer Of Municipal

2019-07-04Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD).No.15064 of 2019 Nirmala Joy : Petitioner Vs.

1. The Commissioner of Municipal Administration, Ezhilagam 6th Floor, Chepauk, Chennai - 600 005.

2. The Regional Director of Municipal Administration, Tirunelveli.

3.The Commissioner, Colachel Municipality, Colachel, Kanyakumari District.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to pay the provident fund arrears Rs.1,13,516/- with 12% interest for the belated payment of provident fund from the date of petitioner's retirement to the actual date of payment based on petitioner's representation dated 28.03.2019. For Petitioner : Mr.K. Vamanan For R1 & R2 : Mr.Aayiram K. Selvakumar Additional Government Pleader For R3 : Mr.P. Aathimoolapandian

ORDER

Seeking a direction to the respondents to pay the provident fund arrears of Rs.1,13,516/- with 12% interest for the belated payment of provident fund from the date of petitioner's retirement to the actual date of payment, based on his representation, dated 28.03.2019, the present Writ Petition came to be filed.

2. Mr. Aayiram K. Selvakumar, learned Additional Government Pleader takes notice for respondents 1 and 2 and Mr. P. Aathimoola Pandian, learned Standing Counsel takes notice for 3rd respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the third respondent submitted that for payment of interest to the belated payment of https://hcservices.ecourts.gov.in/hcservices/

Provident Fund to the petitioner, a proposal has already been sent to the Local Fund Audit Department on 03.11.2016, and the same is pending.

4. Recording the said statement made by the learned Standing Counsel appearing for the third respondent, this Writ Petition is disposed of, however, with liberty to petitioner to approach the aforesaid Local Fund Audit Fund Department, if he is having any grievance. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Commissioner of Municipal Administration, Ezhilagam 6th Floor, Chepauk, Chennai - 600 005.

2. The Regional Director of Municipal Administration, Tirunelveli.

3.The Commissioner, Colachel Municipality, Colachel, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-73694[F] dated 05/07/2019 ) +1 CC to M/s.K.VAMANAN, Advocate ( SR-73877[F] dated 08/07/2019 ) WP(MD).No.15064 of 2019 04.07.2019 TRP KK/SAR/09.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/