Mookaiya.R v. The Commissioner Of Municipal Adminstration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4576 of 2023 R.Mookaiya ... Petitioner vs.
1.The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.
2.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi, Thoothukudi District.
3.The Deputy Director of Local Fund Audit, Thoothukudi City Municipal Corporation Campus, Thoothukudi, Thoothukudi District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the second respondent to provide arrears of interest for the subscription amount 1/5
deducted from the salary of the petitioner 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 this Court.
For Petitioner : Mr.S.Louis For R1 & R3 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.N.Anand Kumar
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to provide arrears of interest for the subscription amount deducted from the salary of the petitioner towards 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 this Court.
2. The case of the petitioner is that he was working as Malaria Mazdoor in the second respondent Corporation and retired from service 2/5
on 31.05.2012. At the time of retirement, the General Provident Fund was not paid in full and the interest for the subscription amount deducted from his regular monthly salary towards General Provident Fund was not settled. Hence, the petitioner has made a detailed representation to the second respondent on 19.11.2022, seeking arrears of interest. Since there was no progress till date, the petitioner has filed this writ petition.
3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the second respondent to consider the petitioner's representation dated 19.11.2022 and pass appropriate orders, within a reasonable time as fixed by this Court.
4. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 3 and the learned counsel appearing for the second respondent.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, 3/5
directs the second respondent to consider the petitioner's representation dated 19.11.2022 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.
6. With the above directions, this Writ Petition is disposed of. No costs.
03.03.2023 akv To 1.The Commissioner of Municipal Administration, Chepauk, Chennai 600 005.
2.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi, Thoothukudi District.
3.The Deputy Director of Local Fund Audit, Thoothukudi City Municipal Corporation Campus, Thoothukudi, Thoothukudi District.
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M.DHANDAPANI,J.
akv W.P.(MD)No.4576 of 2023 .
03.03.2023 5/5