Mrs.P.Meenatchi v. The Director Of Local Fund

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15573 of 2017 P.Meenatchi ... Petitioner Vs.

1.The Director of Local Fund Audit, Combined Finance Department Complex, 4th Floor, Nandhanam, Chennai - 600 035.

2.The Municipal Commissioner, Periyakulam Municipality, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 and 2 to pay the entire amount mentioned in the petition, dated 21.04.2017 as per the calculation sheet with further interest at the rate of 12% p.a., till the date of disbursement.

For Petitioner :

Mr.S.Suresh Kumar Isaac Paul For R - 1 :

Mr.V.Anand, Government Advocate.

For R - 2 :

Mr.M.Karuppasamy Pandian, Government Advocate.

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to pay the entire amount mentioned in the petition, dated 21.04.2017 as per the calculation sheet with further interest at the rate of 12% p.a., till the date of disbursement.

2.Heard Mr.S.Suresh Kumar Isaa Paul, learned counsel appearing for the petitioner; Mr.V.Anand, learned Government Advocate appearing for the first respondent and Mr.M.Karuppasamy Pandian, learned Government Advocate appearing for the second respondent. 3.The grievance of the petitioner is that she worked as a

Sanitary worker in the office of the second respondent Municipality and retired from service on 30.06.2003 on reaching the age of superannuation. Even though the first respondent had sanctioned the amount towards P.F interest and 5th pay commission arrears interest on 22.02.2016, the second respondent has not disbursed the same. Hence, the petitioner made a petition to the respondents on 21.04.2017 to pay the entire amount, as per the calculation sheet. Since the same has not been considered by the respondents so far, the petitioner has filed the present Writ Petition.

4.The second respondent filed a counter-affidavit, wherein at paragraph No.8, it is stated as follows:- "8.It is further submitted that the total amount of Provident Fund interest of Rs.21,117/-, the amount of Rs.6,990/- and interest of 5th pay commission of Rs.3,642/- already has been paid to the petitioner and the balance amount of Rs.10,485/- will be paid shortly, the reason of the financial status of the respondent Municipality."

5.The learned counsel appearing for the second respondent fairly submitted that the amount will be paid within a time limit as specified by this Court.

6.The learned counsel appearing for the petitioner also agreed for the said submission made by the learned counsel for the second respondent.

7.In view of the above submissions made on either side, this Court directs the second respondent to settle the amount as claimed by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

8.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) To 1.The Director of Local Fund Audit, Combined Finance Department Complex, 4th Floor, Nandhanam, Chennai - 600 035.

2.The Municipal Commissioner, Periyakulam Municipality, Theni District.

+1 CC to M/s.M.KARUPPASAMY PANDIYAN, Advocate ( SR-60490[F] dated 11/04/2019 ) ps W.P(MD)No.15573 of 2017 11.04.2019 KM/(02.05.2019) 3P 4C