Muralidharan .L.K v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5841 of 2023 and W.M.P.(MD)Nos.5401 & 5403 of 2023 L.K.Muralidharan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Principal Secretary, Commissioner of Municipal Administration Department, Secretariat, St.George Fort, 2.The Commissioner of Municipal Administration, O/o.Commissioner of Municipal Administration Ezhilagam, Chepauk, 3.The Commissioner of Food Safety Tamil Nadu Food Safety and Drug Administration Department, D.M.S.Campus, Tenampet, Chennai-6.

4.The Deputy Director, 1/6

Department of Local Fund Audit, O/o. Madurai Corporation, Madurai-625 002.

5.The Director of Local Fund Audit, O/o. Director of Local Fund Audit, Veterinary Hospital Campus, No.571, Officer's Building, Nandanam, 6.The Commissioner, Madurai Corporation, Madurai.

7.The Chief Accounts Officer, O/o.Madurai Corporation, Madurai.

8.The Assistant Commissioner Zone-I, Corporation Office Campus, Anaiyur, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the eight respondent vide his impugned proceedings in Na.ka.No.Ma1 A1/007863/21, dated 14.12.2022 and quash the same as illegal and consequently directing the respondents to disburse all monetary benefits and retirement benefits to the petitioner with admissible rate of interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.R.Geethanjalai for M/s.Ajmal Associates For Respondents : Mr.N.Satheeshkumar Additional Government Pleader for R1 to R5 : Mr.K.K.Kanna for R6 to R8

ORDER

Heard the learned counsel on either side.

2. The petitioner was appointed as Sanitary Inspector on 06.02.1991 in Madurai Corporation. He became Food Safety Officer in the year 2011. The petitioner returned to the parent corporation on 14.08.2018. The petitioner joined the Madurai Corporation on 29.08.2018. The petitioner submitted his request for voluntary retirement on 31.05.2021 and he was also relieved on the same date. In all, the petitioner has rendered 30 years of service. However, his terminal benefits have not been settled. His pensionary benefits have not been released in full. He is getting only minimum pension. A mere look at the impugned order would indicate that due to administrative reasons, his pensionary and retirement benefits are being withheld. 3/6

3. I consciously refrain from setting aside the impugned order. It is for the respondents to coordinate between themselves and see to it that periods are appropriately regularized. After such regularization, the pension proposal shall be submitted. The retirement benefits due and payable to the petitioner shall be disbursed within a period of four months from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 30.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Principal Secretary, Commissioner of Municipal Administration Department, Secretariat, St.George Fort, 2.The Commissioner of Municipal Administration, O/o.Commissioner of Municipal Administration Ezhilagam, Chepauk, 4/6

3.The Commissioner of Food Safety Tamil Nadu Food Safety and Drug Administration Department, D.M.S.Campus, Tenampet, Chennai-6.

4.The Deputy Director, Department of Local Fund Audit, O/o. Madurai Corporation, Madurai-625 002.

5.The Director of Local Fund Audit, O/o. Director of Local Fund Audit, Veterinary Hospital Campus, No.571, Officer's Building, Nandanam, 5/6

G.R.SWAMINATHAN, J.

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