M. Andal v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25289 of 2024 and W.M.P.(MD) No.21477 of 2024 M.Andal ... Petitioner Vs.
1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2. The Director of Medical Education, Directorate of Medical Education, No.162, E.V.R.Periyar Salai, Kilpauk, Chennai - 600 010.
3. The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health Services, No.361, DMS Complex, 3rd Floor, Anna Salai, Teynampet, Chennai - 600 018.
4. The Director of School Obstetrics, Government Kasturba Gandhi Hospital for Women & Children, Hells Road, Triplicance, Chennai - 600 005.
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5. The Joint Director of Health Services, Office of the Joint Director of Health Services, Tiruvallur District, JN Road, Poonga Nagar, Tiruvallur - 602 001.
6. The Chief Medical Officer, Government Hospital, Ponneri, Tiruvallur District - 601 204.
7. The Dean, Tirunelveli Medical College & Hospital, High Ground, Tirunelveli - 627 011.
8. The Dean, Kanyakumari Medical College Hospital, Asaripallam, Kanyakumari District.
... Respondents (R8 is suo motu impleaded vide order of this Court dated 22.10.2024 in W.P(MD) No.24289 of 2024) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents (i) to settle all the retirement benefits of the petitioner, like the Pension, DCRG, Commutation of Pension etc, after granting the due increments and refixing her pay, within a time limit fixed by this Hon'ble Court, with interest at the rate of 18% p.a., from the date of her retirement on 30.04.2015 till the date of payment (ii) to pay the increment and salary arrears (iii) to pay the 2/7
damage/compensation for the demise of the petitioner's husband, due to the non-payment of retirement benefits including pension and (iv) to direct the first respondent to take appropriate departmental disciplinary action as against the respondents 2 to 7/the erring officials for the inordinate delay in settling the retirement benefits.
For Petitioner : Mr.C.Lakshmanan For Respondents : Mr.T.Amjadkhan Government Advocate
O R D E R
The instant writ petition has been filed by a retired Tutor/Assistant Professor seeking a Mandamus for disbursement of her terminal benefits along with interest.
2. A perusal of the records indicate that the petitioner had attained superannuation on 30.04.2015 and so far the terminal benefits have not been released. It could be seen from the affidavit that her leave period between 02.04.2006 and 18.07.2006, while she was working in Kanyakumari Government Medical College Hospital, have not been regularized. 3/7
3. In view of the above said facts, this Court had suo motu impleaded the Dean, Kanyakumari Medical College Hospital, Asaripallam, Kanyakumari District. The leave period availed by the writ petitioner has been regularized, by the proceedings of the second respondent, dated 08.11.2024 and he had forwarded the same to the fourth respondent. The fourth respondent has to forwarded the same to the seventh respondent.
4. In view of the above said facts, the fourth respondent herein is directed to forward the files to the seventh respondent, where the petitioner worked as an Assistant Professor at the time of her retirement. On receipt of the records from the fourth respondent, the seventh respondent is directed to make entries about the increments and other service benefits of the writ petitioner and thereafter, forward the same to the Accountant General Office, Chennai, within a period of four weeks thereafter. 4/7
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.
15.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2. The Director of Medical Education, Directorate of Medical Education, No.162, E.V.R.Periyar Salai, Kilpauk, Chennai - 600 010.
3. The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health Services, No.361, DMS Complex, 3rd Floor, Anna Salai, Teynampet, Chennai - 600 018.
4. The Director of School Obstetrics, Government Kasturba Gandhi Hospital for Women & Children, Hells Road, Triplicance, Chennai - 600 005.
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5. The Joint Director of Health Services, Office of the Joint Director of Health Services, Tiruvallur District, JN Road, Poonga Nagar, Tiruvallur - 602 001.
6. The Chief Medical Officer, Government Hospital, Ponneri, Tiruvallur District - 601 204.
7. The Dean, Tirunelveli Medical College & Hospital, High Ground, Tirunelveli - 627 011.
8. The Dean, Kanyakumari Medical College Hospital, Asaripallam, Kanyakumari District.
Copy To:
9. The Accountant General Office, Chennai.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.25289 of 2024 15.11.2024 7/7