Karuppammal K v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K. Karuppammal ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to settle the sum of Rs.14,50,019/- along with interest at the rate of 12% from the date of death of the petitioner's husband.

For Petitioner : Mr.A.Srinivasan For Respondent : Mr.K.K.Kannan, Standing Counsel 1/5

ORDER

This writ petition has been filed seeking direction to the respondent to settle the sum of Rs.14,50,019/- along with interest at the rate of 12% from the date of death of the petitioner's husband.

2. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner's husband worked as a Sweeper in Madurai Corporation and died while in service on 14.09.2009. The terminal benefits of the deceased employee of the respondent Corporation, that is, the husband of the petitioner was not settled immediately but only in the month of July 2015, she was paid with family pension. Further the gratuity amount was also not paid to the petitioner. Hence, she made several representations to the respondent. Following which, the respondent, vide proceedings dated 17.02.2021, finalized the arrears of family pension and gratuity and thereby the total due was arrived at Rs.14,50,019/- (Rupees Fourteen Lakhs Fifty Thousand and Nineteen only). However, the same was not settled. In view of the same, this writ petition came to be filed.

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3. The learned counsel appearing for the respondent has filed a counter affidavit and submitted that the entire amount has already been settled.

4. However, the learned counsel appearing for the petitioner submitted that the interest for belated payment is yet to be disbursed.

5. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.

6. In view of the same, this Court hereby direct the respondent to settle the balance in the total due amount of Rs.14,50,019/- (Rupees Fourteen Lakhs Fifty Thousand and Nineteen only) and interest, if any, within a period of eight

(8) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Commissioner, Madurai Corporation, Madurai.

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L.VICTORIA GOWRI, J.

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