Kishore S v. The Commissioner Of Municipal Administration

W.P. (MD).No.14778 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No.14778 of 2021 S.Kishore ... Petitioner Vs.

1. The Commissioner of Municipal Administration, No.75, MRC Nagar, Chennai - 600 028.

2. The Commissioner, Dindigul Corporation, Dindigul. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cumRetirement Gratuity, Commutation of Pension, enhancement of Earn Leave Salary, Pay Commission Arrears, arrears of Leave Salary, etc. with permissible interest payable to the petitioner by considering the Representation of the petitioner dated 15.07.2021. For Petitioner :

Mr.A.Bharathi For Respondents :

Mr.S.Shanmugavel, Standing Counsel for R1 Mr.J.Lawrence, Standing Counsel for R2.

O R D E R

The Writ Petition is filed for the issuance of a Writ of Mandamus, directing the respondents herein to forthwith disburse the retirement benefits i.e. Death-cum-Retirement Gratuity, Commutation of Pension, enhancement of Earn Leave Salary, Pay Commission Arrears, arrears of Leave Salary, etc. with permissible interest payable to the petitioner by considering the Representation of the petitioner dated 15.07.2021.

2. The learned counsel for the petitioner would submit that even though the petitioner has sought for a larger relief in the Writ Petition, but during the course of the argument, the learned counsel for the petitioner submitted that the petitioner would restrict the prayer and it would be suffice to direct the second respondent to consider his representation to grant the retirement benefits of his mother to the petitioner.

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W.P. (MD).No.14778 of 2021

3. The learned counsel for the second respondent has fairly submitted before this Court that the said representation will be considered and appropriate decision will be taken in accordance with law if otherwise the petitioner is eligible, as expeditiously as possible.

4. In view of the submissions made by both sides, this court is inclined to direct the second respondent to consider the petitioner's representation dated 15.07.2021 to settle the retirement benefits of the petitioner's mother, if the petitioner is otherwise eligible, on its own merits and in accordance with law as expeditiously as possible within a period of 12 weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To

1. The Commissioner of Municipal Administration, No.75, MRC Nagar, Chennai - 600 028.

2. The Commissioner, Dindigul Corporation, Dindigul.

+1 CC to M/s.GP ( SR-26754[F] dated 19/08/2021 ) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-26820[F] dated 19/08/2021 ) W.P.(MD).No.14778 of 2021 18.08.2021 ps(CO) TR(01.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2