Palani.S v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.Palani ... Petitioner vs.

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

2.The Deputy Director of Local Fund Audit, Thoothukudi City Municipal Corporation Campus, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to provide the arrears of interest for the subscription amount deducted from the salary of the petitioner towards the General Provident Fund while in service along with Dearness Allowance Arrears and Vth Pay Commission Arrears and Revised Pay Commission Arrears within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Louis For Respondents : Mr.N.Ananthkumar Standing counsel

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to provide arrears of interest for the subscription amount deducted from the salary of the petitioner towards the general provident fund while in service along with dearness allowance arrears and 5th Pay Commission arrears and Revised Pay Commission arrears within the time stipulated by this Court.

2. The petitioner is an employee of first respondent. At the time of retirement, the petitioner was paid only the contribution amount towards the general provident fund paid by the petitioner without interest. In this regard, the petitioner submitted a representation, dated 06.08.2018, to the first respondent for payment of interest. However, no orders passed with regard to payment of interest.

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3. Mr.N.Ananthkumar, learned Standing counsel appears for the respondents.

4. There is no dispute with regard to the fact that the petitioner was working under the first respondent and he was paying subscription towards general provident fund. It is also not disputed that the petitioner was not paid the interest for the contribution amount.

5. Considering the limited scope of the prayer sought for by the petitioner, this Court directs the respondents to consider the petitioner's representation dated 06.08.2018 and pass appropriate orders, as per Rules, on merits, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. 06.07.2022 Index : Yes / No Internet : Yes / No akv 3/4

G.CHANDRASEKHARAN, J.

akv To 1.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi, Thoothukudi District.

2.The Deputy Director of Local Fund Audit, Thoothukudi City Municipal Corporation Campus, Thoothukudi, Thoothukudi District.

Order made in Dated:

06.07.2022 4/4