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Madras High Court

R.Mohan vs The Secretary on 12 December, 2018

Author: S.Vimala

Bench: S.Vimala

                                                                  1

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED : 12.12.2018
                                                              CORAM
                                              THE HON'BLE DR.JUSTICE S.VIMALA
                                                      W.P.No.32034 of 2018

                 R.Mohan                                                            ....            Petitioner

                                               Vs

                 1.The Secretary
                   Municipal Administration and Water
                   Supply Department, Fort St.George
                   Chennai 600 009.
                 2.The Director of Town Panchayat
                   Kuralagam, Chennai 600 108.
                 3.The Assistant Director of Town Panchayat
                   Erode Zone, Erode – 638 106.
                 4.The Assistant Director, Local Fund Audit,
                   Nandanam, Chennai 600 035.                                ....          Respondents

                                For Petitioner                :        Mr.V.Vijay Shankar
                                For Respondent                :        Mr.A.N.Thambidurai,
                                                                       Special Government Pleader

                 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of
                 Mandamus directing the respondents to sanction pension, commutation of pension, gratuity and
                 special provident fund and all other terminal benefits along with interest from 01.06.2017 and
                 pay the same along with interest to the petitioner.


                                                             ORDER

The petitioner was appointed as Electrician Grade II in the Madathukulam Town Panchayat in March 1985. The petitioner was also granted benefits of Selection Grae and Special Grade and thus he continued in service throughout for 32 years. He reached superannuation on 31.05.2017. However, when the terminal benefits were due, he was paid only GPF and EL encashment. The other benefits such as Pension, Gratuity, Commutation of Special Provident Fund have not been paid. http://www.judis.nic.in 2 DR.S.VIMALA, J.

kst Claiming the same, the petitioner has submitted representations, the last one on 27.02.2018, which has not been considered by the respondents. Aggrieved over the same, the petitioner has filed the present writ petition.

2. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice for the respondents and submits that on consideration of the representation of the petitioner, a proposal has been forwarded by the second respondent to the first respondent and seeks three months time for the first respondent to pass further orders.

3. Under the circumstances, the first respondent is directed to pass orders on the recommendation / proposal sent by the second respondent with reference to the representation of the petitioner, within a period of three months from the date of receipt of copy of this order, and thereupon, the terminal benefits shall be disbursed to the petitioner. With the above directions, the writ petition is disposed of. No costs.

12.12.2018 KST To

1.The Secretary Municipal Administration and Water Supply Department, Fort St.George Chennai 600 009.

2.The Director of Town Panchayat Kuralagam, Chennai 600 108.

3.The Assistant Director of Town Panchayat Erode Zone, Erode – 638 106.

4.The Assistant Director, Local Fund Audit, Nandanam, Chennai 600 035. W.P.No.32034 of 2018 http://www.judis.nic.in