S.Ramasundaramani v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Ramasundaramani ... Petitioner -vs1.The Commissioner Municipal Administration, Chennai 2.The Director The Regional Municipal Administration, Tirunelveli 2 3.The Commissioner, Ambasamudram Municipality Ambasamudram, Tirunelveli District.
4.The Commissioner, Tuticorin Municipality Thoothukudi.
5.The Commissioner Kovilpatti Municipality Kovilpatti, Thoothukudi District.
6.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.
7.The Commissioner, Tenkasi Municipality, Tenkasi.
8.The Commissioner, Virudhunagar Municipality, Virudhunagar.
9.The Commissioner, Kadayanallur Municipality Kadayanallur, Tenkasi District.
10.The Commissioner, Kuzhithurai Municipality Kuzhithurai,Kanyakumari District.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 4 to 10 herein to consider the representation dated 29.04.2020 through 3rd respondent requesting the respondents 4 to 10 to furnish the details of the employees provident fund which has been deducted while the petitioner was in service from 01.12.1995 to 03.04.2020 under the respondents Municipalities 4 to 10 along with the interest and forward the same to the 7th respondent municipality for adjustment of loan amount due before the 7th respondent municipality and communicate the same to the petitioner within the time limit fixed by this Court.
For Petitioner : Mr. PTS.Narendravasan For Respondents :Mr.S.P.Maharajan for R1 & Special Government Pleader Mr.M.Rajarajan for R3 Mr.N.Anandkumar for R4 Mr.P.Srinivas for R5
Mr.Kannan for R6 Mr.P.Aathimoolapandian for R7 & R10 Mr.M.Saravanakumar for R9 No appearance for R8
O R D E R
The writ petition has been filed for a mandamus directing the respondents 4 to 10 herein to consider the representation dated 29.04.2020 through 3rd respondent requesting the respondents 4 to 10 to furnish the details of the employees provident fund, which has been deducted while the petitioner was in service from 01.12.1995 to 03.04.2020 under the respondents Municipalities 4 to 10 along with the interest and forward the same to the 7th respondent municipality for adjustment of loan amount due before the 7threspondent municipality and communicate the same to the petitioner within the time limit fixed by this Court.
2. The case of the petitioner is that he was worked in the respondent Municipalities in various cadres. The details of which are as follows:
Sl.No.
Name of the Municipality Period worked from to Post held Tuticorin 01.12.1995 to 03.12.1996 Junior Assistant Kovilpatti 01.01.1997 to 20.10.2003 Junior Assistant Paramakudi 21.10.2003 to 09.07.2006 Junior Assistant Tenkasi 10.07.2006 to 05.03.2014 Junior Assistant 06.03.2014 to 12.01.2015 Assistant Virudhunagar 14.01.2015 to 14.09.2015 Assistant Kadayanallur 15.09.2015 to 28.06.2017 Revenue Inspector Kuzhithurai 29.06.2017 to 03.04.2020 Revenue Inspector
3. It is his specific case that during the employment period with the respondent Municipalities, the details of deduction as to the provident fund, loan deduction and deduction as to the pay commission arrears were not furnished to the petitioner herein and hence, the petitioner made a representation to the respondents. Since no action is forthcoming, the present writ petition has been filed.
4. The learned counsel for the petitioner would submit that the petitioner is about to retire in the year 2020, however, due to extension granted by the Government in the year 2020, the petitioner is still holding the post. He would further submit that the first respondent issued no objection for the
petitioner's retirement and therefore, seeking the details of EPF contributions, loan deduction etc., the petitioner made a representation and hence, prays for a direction.
5. The learned counsel for the 5th respondent Municipality by relying upon the counter affidavit would submit that with regard to the deduction of EPF amount, the employees can very well verify with their respective salary slip and if there is any dispute, they can clarify with the concerned municipalities. It is further contended that as far as the details with regard to the 5th respondent municipality is concerned, the same has been furnished to the Commissioner, Tenkasi Municipality. He would further submit that the EPF contribution for the period 1997-1998 to 20.10.2003 was arrived at Rs.11,649/-, which amount also sent to the Commissioner, Tenkasi Municipality vide cheque No.154007 dated 24.03.2014. He would further submit that if the petitioner approaches the respondents, the details would be furnished to him within a period of two weeks.
6. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
7. In view of the said submission made by the learned counsel for both sides, the writ petition is disposed of with a direction to the respondent Municipalities to furnish the details as sought for by the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs.
23.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes RR To 1.The Commissioner Municipal Administration Chennai 2.The Director The Regional Municipal Administration, Tirunelveli 2 3.The Commissioner, Ambasamudram Municipality Ambasamudram Tirunelveli District.
4.The Commissioner, Tuticorin Municipality Thoothukudi.
5.The Commissioner Kovilpatti Municipality Kovilpatti Thoothukudi District.
6.The Commissioner, Paramakudi Municipality Paramakudi Ramanathapuram District.
7.The Commissioner, Tenkasi Municipality Tenkasi.
8.The Commissioner, Virudhunagar Municipality Virudhunagar.
9.The Commissioner, Kadayanallur Municipality Kadayanallur, Tenkasi District.
10.The Commissioner, Kuzhithurai Municipality Kuzhithurai, Kanyakumari District.
M.DHANDAPANI, J.
RR 23.01.2023