A.Chilambuselvi v. The Commissioner Of Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/11/2025
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WP(MD)No.31507 of 2024 A.Chilambuselvi ... Petitioner in WP(MD). No.31273 of 2024 N.Bhuvaneswari ... Petitioner in WP(MD)No.31507 of 2024 Vs
1. The Commissioner of Corporation, Office of the Corporation, 13, Main Road, Dindigul - 624 001.
2. The Regional Provident Fund, Commissioner, Employees Provident Fund Organization, Bhavishay Nidhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002.
3. The Controlling Authority, Under the Payment of Gratuity Act, 1972/deputy Commissioner of Labour, the Office of the Deputy Commissioner of Labour, Dindigul.
(R2 and R3 are Suo motu impleaded vide Court order dated 22.10.2025 in WP(MD)No.31273 and 31257 of 2024) ... Respondents in both WPs 1/6
COMMON 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 sanction the retirement benefits with interest to the petitioner on the basis of the representation given by the petitioner dated 07.12.2024 within a time frame as fixed by this Court.
For Petitioner : Mr. S.Karthikeyan, Advocate.
For Respondent : Mr.J.Lawrance for R1 Standing Counsel Mr. K.Govindarajan, - for R2 and R3 Deputy Solicitor General of India (in both cases) COMMON ORDER These Writ Petitions are filed to issue a Writ of Mandamus directing the respondents to sanction the retirement benefits with interest to the petitioner on the basis of the representation given by the petitioner dated 07.12.2024 within a time frame as fixed by this Court.
2. When the matters were taken up today, the first respondent herein had placed on record an undertaking affidavit indicating that 2/6
whatever the amount to be paid to the petitioners towards their retirement benefits, would be disbursed within a period of three months from the date of disposal of the writ petition.
3. The said undertaking is taken on record and the writ petitions are dispose of with a direction to the first respondent to disburse the terminal benefits and retirement benefits to the petitioner within a period of three months from today(06.11.2025). No costs.
4. Before parting with the case, a perusal of the affidavit would indicate that in the first respondent corporation, there is around Rs.14,84,37,186/- to be disbursed to the retired employees. It is very paining to note that the first respondent corporation has failed to honour its commitments to disburse the retirement benefits on the retirement of its employees. This is a clear violation of the Tamil Nadu Pension Rules which mandates time line within which period, the amounts are to be disbursed. The affidavit would also indicate that the Corporation had sent a proposal to the Government for special funds and the same has been also accepted and agreed to by the Government to provide financial assistance to the respondent corporation to disburse the benefits. 3/6
5. In such view of the matter, this Court takes this opportunity to issue a direction to the Secretary, Tamilnadu Finance Department, Secretariat, Fort St. George, Chennai - 600009, Tamilnadu, to make suitable financial sanction to the first respondent corporation for disbursal of the terminal benefits to all its retired employees along with the interest as provided under the Tamil Nadu Pension Rules. Such exercise shall also be carried out by him within a period of three months from the date of receipt of a copy of this order.
6. List the matters for reporting compliance after three months. 06.11.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 4/6
To
1. The Commissioner of Corporation, Office of the Corporation, 13, Main Road, Dindigul - 624 001.
2. The Regional Provident Fund, Commissioner, Employees Provident Fund Organization, Bhavishay Nidhi Bhawan, No.1, Lady Doak College Road, Madurai - 625 002.
3. The Controlling Authority, Under the Payment of Gratuity Act, 1972/deputy Commissioner of Labour, the Office of the Deputy Commissioner of Labour, Dindigul.
Copy To The Secretary, Tamilnadu Finance Department, Secretariat, Fort St. George, Chennai - 600009, Tamilnadu. 5/6
K.KUMARESH BABU, J pnn
ORDER
IN and WP(MD)No.31507 of 2024 Date : 06/11/2025 6/6