Disposed

A.Arumugam, S/O.Arumugam, v. the Government of Tamilnadu

Madras HC27 Feb 2019WP(MD)/4456/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, acting without adjudicating merits, directed the Thoothukudi Municipal Corporation to consider the petitioner's claim for pensionary and terminal benefits in light of a specific government order, following a consent to dispose of the writ petition under Article 226.

What did the court decide?

Directing respondent No.4 to consider the petitioner's claim for pensionary and terminal benefits on merits in accordance with law and the Government Order dated 06.09.2016, and pass appropriate order

A.Arumugam, S/O.Arumugam, Vs the Government… — Pension and Retirement Benefits | Madras HC (2019)

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A.Arumugam

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.02.2019 CORAM: THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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WP(MD)No.4456 of 2019

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... Petitioner

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Vs.

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1.The Government of Tamil Nadu, represented by its Secretary to Government, Department of Municipal Administration and Water Supply, Fort Saint George, Chennai – 600 009.

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2.The Director, Department of Local Fund Audit, Kuralagam, Chennai – 108.

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3.The Administrative Commissioner, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai – 05.

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4.The Commissioner of Municipal Corporation, Thoothukudi Municipal Corporation, Thoothukudi District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4^th respondent to pay the terminal and pension and other benefits of Arumugam to his legal heirs as per permission granted by the 1^st respondent in G.O.No. 386 dated 06.09.2016 together with 18% interest per annum within a time frame as may be fixed by this Honourable Court.

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For Petitioner : Mr.S.Muthumalairaja For Respondents : Mr.MC.Marichellaia Prabhu, Additional Government Pleader

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ORDER

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The prayer in this writ petition is to direct the 4^th respondent to pay the terminal benefits and pension of his father Arumugam to his legal heirs as per GO(PD)No.386 dated 06.09.2016 with interest.

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https://hcservices.ecourts.gov.in/hcservices/ 2.Heard both sides. By Consent, this writ petition is taken up for final disposal at the stage of admission itself.

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3.According to the petitioner, the pensionary and terminal benefits of his father have not been settled, as his father died before sanction was accorded towards the same. In this regard, GO(P) No.386, dated 06.09.2016 has been issued granting permission to the 4^th respondent to settle the benefits. Despite, the permission, 4^th respondent has not acted upon the said GO. Hence, the petitioner is before this Court.

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4.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the grievance of the petitioner would be addressed on merits.

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5.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs respondent No.4 to consider the claim of the petitioner in respect of pensionary and terminal benefits, on merits and in accordance with law and also in the light of GO(P) No.386, dated 06.09.2016 and pass appropriate orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

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6.The writ petition is disposed of, on above terms. No costs.

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Assistant Registrar (CS III) // True Copy //

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Sub Assistant Registrar(CS)

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1.The Secretary to Government, Department of Municipal Administration and Water Supply, Fort Saint George, Chennai – 600 009.

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2.The Director, Department of Local Fund Audit, Kuralagam, Chennai – 108.

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3.The Administrative Commissioner, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai – 05. https://hcservices.ecourts.gov.in/hcservices/

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4.The Commissioner of Municipal Corporation, Thoothukudi Municipal Corporation, Thoothukudi District.

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+1cc to Mr.S.Muthumalairaja, Advocate, SR.No. 50362 +1cc to M/s.Special Government Pleader,SR.No. 50533

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WP(MD)No.4456 of 2019 27.02.2019

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DSK KK/SAR-/27.03.2019/3P-7C

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https://hcservices.ecourts.gov.in/hcservices/

A.Arumugam, S/O.Arumugam, v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

A.Arumugam, S/O.Arumugam, v. the Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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