Madras High CourtWP(MD)/8173/2019disposed of

D.Isaac Jacob, v. The Commissioenr Of

2019-04-05Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.8173 to 8199 of 2019 D.ISAAC JACOB, ... Petitioner in WP(MD). 8173/ 2019 K.RAMALAXMI, ... Petitioner in WP(MD). 8174/ 2019 S.PETCHIAMMAL, ... Petitioner in WP(MD). 8175/ 2019 S.SHANMUGA SUNDARAM, ... Petitioner in WP(MD). 8176/ 2019 B.PAULSELVI, ... Petitioner in WP(MD). 8177/ 2019 V.KANDASAMY, ... Petitioner in WP(MD). 8178/ 2019 K.SUBBAMMAL, ... Petitioner in WP(MD). 8179/ 2019 M.KANAGARAJ, ... Petitioner in WP(MD). 8180/ 2019 K.MURUGESAN, ... Petitioner in WP(MD). 8181/ 2019 P.MUTHIAH, ... Petitioner in WP(MD). 8182/ 2019 S.SELVARAJ, ... Petitioner in WP(MD). 8183/ 2019 C.ANBALAGAN ... Petitioner in WP(MD). 8184/ 2019 A.MARIAPPAN, ... Petitioner in WP(MD). 8185/ 2019 K.NATARAJAN, ... Petitioner in WP(MD). 8186/ 2019 S.NAMASIVAYAM ... Petitioner in WP(MD). 8187/ 2019 M.SIVAGNANAM, ...

Petitioner in WP(MD). 8188/ 2019 P.MUTHAMMAL, ... Petitioner in WP(MD). 8189/ 2019 S.SELVARAJ, ... Petitioner in WP(MD). 8190/ 2019 M.PAPA, ... Petitioner in WP(MD). 8191/ 2019 R.RAJENDRAN, ... Petitioner in WP(MD). 8192/ 2019 T.RAJU, ... Petitioner in WP(MD). 8193/ 2019 G.KAMALA, ... Petitioner in WP(MD). 8194/ 2019 G.BHAVANI, ... Petitioner in WP(MD). 8195/ 2019 K.PAPPA.

... Petitioner in WP(MD). 8196/ 2019 M.PERUMAL, ... Petitioner in WP(MD). 8197/ 2019 V.ESAKKI, ... Petitioner in WP(MD). 8198/ 2019 M.SOUNDARAPANDIAN, ... Petitioner in WP(MD). 8199/ 2019 Vs.

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

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

... Respondents in all the WP'S Common Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to provide the arrears of interest for the subscription amount deducted from the salary of the petitioners/Petitioner's Husband towards the general Provident Fund while in service along with Dearness Allowance Arrears and V Pay Commission Arrears and Revised pay Commission Arrears. IN ALL WP's For Petitioner : Mr.S.Louis For R1 : Mr.S.Angappan Government Advocate For R2 : Mr.S.Saji Bino COMMON ORDER Seeking a direction to the second respondent to provide arrears of interest for the subscription amount deducted from the salary of the petitioners towards the General Provident Fund while in service, along with arrears of dearness allowance, V pay commission and revised pay commission, the petitioners are before this Court.

2.When the matters are taken up for hearing, the learned counsel appearing for the petitioners fairly submitted that this Court had already dealt with the same issue and passed orders in W.P (MD)Nos.1584 to 1604 of 2019 on 28.01.2019. The relevant portion of the order reads as under:

"This Court had directed the respondents to consider the claim of the similarly placed persons in a writ petition filed by the Thoothukudi Nagarachi Managarachi Ouvyoothiya Aluvalargal Sangam in W.P.(MD)No.23879 of 2018.. The operative portion of the order reads as follows:- "4.Due to the delay in calculating the interest portion, they are not able to disburse the money, is the reason stated in the communication of the second respondent dated 24.08.2018. Though the reason is not acceptable, but having waited for so long, if some time frame is fixed for the second respondent to disburse the money, it may be satisfied the members of the petitioner's association. Therefore, without going into the merits of the claim, if any GPF amount to be paid to the retired employee of the Thoothukudi

Nagarachi Managarachi Ouvyoothiya Aluvalargal Sangam, the GPF amount shall be paid not later than four months from the date of receipt of a copy of this order." 2.Admittedly, the time granted by this Court is not expired. In the mean time, the writ petitioners have come forward with this writ petition in their individual capacity. 3.Once a direction has been issued by this Court, I do not see any reason to issue a further direction of similar nature at the instance of the individuals. Hence, the writ petitions are dismissed with liberty to renew, if the respondents do not comply with the directions issued by the Hon'ble Justice G.Jayachandran in the earlier order. No costs.

3.Since this Court had already dealt with the similar issue involved in these writ petitions and passed orders on 28.01.2019 in W.P(MD)Nos.1584 to 1604 of 2019 (cited supra), rejecting the claim of the petitioners therein, this Court finds no reason to pass any further order in these writ petitions. Accordingly, these writ petitions are dismissed, however, granting liberty to the petitioners as observed in the aforesaid order of this Court. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS ) mj To 1 The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

2 The Commissioner Thoothukudi City Municipal Corporation, Thoothukudi.

1CC TO MR. S.LOUIS ADVOCATE SR 59429 1CC TO THE SPL GOVT PLEADER SR 59531 MK 15/05/2019 4P 5C W.P(MD) Nos.8173 to 8199 of 2019 05.04.2019