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Madras High CourtWP(MD)/20175/2017disposed of

Alexander, v. The Director Of Municipal

2019-02-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20175 of 2017 Alexander ... Petitioner Vs.

1. The Director of Municipal Administration, Chepauk, Chenani - 600 005.

2. The Regional Director of Municipal Administration, Tirunelveli Region, Rampopular Road, Manakavalam Pillai Nagar, Tirunelveli - 2.

3. The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari 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 to disburse retirement cum death benefit of the petitioner's wife J.Starling Lalitha Kumari, who was working as community organizer in the third respondent Municipality and died in harness on 01.06.2016.

For Petitioner : Mr.C.K.M.Appaji For RR 1 & 2 : Mrs.J.Padmavathy Devi, Special Government Pleader.

For R - 3 : Mr.P.Aathimoola Pandian

ORDER

According to the petitioner, his wife worked in the respondent Municipality as community organizer and due to cancer, she passed away on 01.06.2016. However, the retirement cum death benefits due to her have not been settled. Hence, the petitioner made representation to the respondents to disburse retirement cum death benefits of his wife. However, the same yielded no result. As the petitioner's wife is entitled to receive retirement cum death benefits, the petitioner has come forward with the present writ petition seeking a direction to the respondents to disburse retirement cum death benefit of the petitioner's wife J.Starling

Lalitha Kumari, who was working as community organizer in the third respondent Municipality and died in harness on 01.06.2016. 2.Heard both sides and perused the records.

3.This Court, in WP.No.20107 of 2018 vide order dated 28.02.2019, extensively dealt with the issue relating to sanction of retirement benefits, pension and interest on belated payment of the same and ultimately, observed and held at paragraphs 20 and 22, as under:

"20.Thus, the principles enunciated from the aforesaid decisions rendered by the Supreme Court as well as by this Court and also in the light of the Government Orders and the relevant provisions of law, are that the benefits bestowed by law upon an employee in recognition of his/her committed, continuous, loyal and devoted duty by payment of the pension, gratuity, leave salary etc., are in the nature of property and such right cannot be taken away without following due process of law; further, the grant of pension is not a bounty and the Government is obliged to follow the relevant Rules in that regard; Also that, the delay in settlement of retiral benefits and payment of pension is frustrating the employees and the same could have been compensated by way of interest."

"22.In view of the above, the respondent authorities are directed to consider the claim of the petitioner in line with the observations made in the earlier Paragraph Nos.4 to 20 of this order and pay the benefits accordingly. Insofar as the interest on belated payment of retiral benefits is concerned, considering the facts and circumstances of the case and having regard to the present day cost of living, the respondent authorities are directed to pay interest at 8% per annum, from the date of entitlement till the date of payment of entire amount, failing which, the same shall carry penal interest at 18% p.a. for the default period. Such an exercise shall be completed, within a period of six weeks from the date of receipt of a copy of this order."

4.Following the aforesaid order, this writ petition stands disposed of directing the respondent authorities to consider the claim of the petitioner in line with the observations made in the Paragraph Nos.4 to 20 of the order dated 28.02.2019 passed in WP(MD) No.20107 of 2018 and pay the benefits accordingly. Insofar as the interest on belated payment of retiral benefits is concerned, considering the facts and circumstances of the case and having regard to the present day cost of living, the respondent authorities are directed to pay interest at 8% per annum, from the date of entitlement till the date of payment of entire amount, failing which, the same shall carry penal interest at 18% p.a. for the default period. Such an exercise shall be completed, within a period

of eight weeks from the date of receipt of a copy of this order. No costs.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Director of Municipal Administration, Chepauk, Chenani - 600 005.

2. The Regional Director of Municipal Administration, Tirunelveli Region, Rampopular Road, Manakavalam Pillai Nagar, Tirunelveli - 2.

3. The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

+1 CC to SPL GP ( SR-50909[F] dated 01/03/2019 ) +1 CC to Mr.C.K.M.APPAJI, Advocate ( SR-51011[F] dated 01/03/2019 ) W.P(MD)No.20175 of 2017 28.02.2019 ps MK (13.05.2019) 3P 6C