N.Pandi v. The Commissioner Of Municipal Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.25895 of 2024 N.Pandi ... Petitioner Vs 1.The Commissioner of Municipal Administration, O/o.the Commissioner of Municipal Administration, Chennai - 600 028.

2.The Regional Director, O/o.the Regional Director, Municipal Administration, Madurai.

3.The Commissioner, Sivagangai Municipality, Sivagangai.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing Respondent No.1 and 2 to direct the Respondent No.3 to include the amount deducted under New Pension Scheme under the petitioner's General Provident Fund Account by considering the Representation dated 13.09.2024 within the time period stipulated by this Court. 1/4

For Petitioner : Mr.G.Karthik For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 & R2 Mr.J.Lawrance Standing Counsel for R3

ORDER

The instant writ petition has been filed by a Sweeper working in the third respondent Municipality seeking a mandamus taking into account, the amount deducted under the New Pension Scheme for calculating the General Provident Fund account by considering his representation dated 13.09.2024. 2.According to the learned Counsel appearing for the writ petitioner, though the writ petitioner was originally enrolled under the New Pension Scheme, later he was brought under the Old Pension Scheme. However, the amount that was deducted from his salary under the Contributory Pension Scheme has not been taken into account under the Old Pension Scheme for GPF account. Hence, the petitioner has sent a representation on 13.09.2024 to the third respondent herein. Since, there is no response, the present writ petition has been filed.

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3.Considering the above said facts, the second respondent herein is directed to consider the representation of the writ petitioner dated 13.09.2024 and pass order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 4.With the above said observations, this writ petition stands disposed of. No costs.

29.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Commissioner of Municipal Administration, O/o.the Commissioner of Municipal Administration, Chennai - 600 028.

2.The Regional Director, O/o.the Regional Director, Municipal Administration, Madurai.

3.The Commissioner, Sivagangai Municipality, Sivagangai.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.25895 of 2024 29.10.2024 4/4