Gandhimathi S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Dr.S.Gandhimathi, Medical Officer (Retd.) W/o.P.Vadivel, Plot No.53, Rathi Illam, Annai Nagar, Mettupatti Road, Begumbur, Dindigul - 624 002. ... Petitioner vs.

The Commissioner, Dindigul Corporation, Dindigul.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to disburse the retirement benefit to the petitioner on the basis of his representation dated 28.03.2024 within the time stipulated by this Court. For Petitioner :

Mr.M.Kalifulla For Respondent :

Mr.J.Lawrence, Standing Counsel 1/4

O R D E R

Heard Mr.M.Kalifulla, learned counsel for the petitioner and Mr.J.Lawrence, learned Standing Counsel for the respondent.

2. The petitioner has filed this petition seeking Writ of Mandamus directing the respondent to disburse the retiral benefits to the petitioner on the basis of his representation dated 28.03.2024.

3. Mr.M.Kalifulla, learned counsel for the petitioner submitted that despite the retiral benefits of the petitioner have been sanctioned, the amount has not been disbursed to him so far.

4. The petitioner got retired on 31.05.2022. The respondent did not deny the entitlement of the petitioner as his retiral benefits have been sanctioned.

5. Mr.J.Lawrence, learned Standing Counsel appearing for the respondent Corporation submitted that only due to the financial crunch 2/4

faced by the respondent Corporation, the amount has not been disbursed.

6. But, that cannot be a reason to withhold the terminal benefits of the employees on their retirement. The petitioner's retiral benefits have not been disbursed for the past two years and he would have been put to many difficulties and that cannot be allowed to continue. Since the respondent has neither considered the representation of the petitioner nor disbursed his retiral benefits despite the same has been sanctioned, the petitioner is entitled to get the relief prayed for.

7. In view of the above stated reasons, the writ petition is allowed and the respondent is directed to consider the representation of the petitioner dated 28.03.2024 and pass orders to disburse his retiral benefits within a period of eight weeks from the date of receipt of a copy of this order. No costs.

17.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 3/4

R.N.MANJULA, J.

mbi 17.04.2024 4/4