Allowed

Joseph Corera P v. The Secretary to Government

Madras HC26 Jul 2023WP(MD)/16346/2023

Case brief

AI extract

What is this about?

The Madras High Court directed the higher education department and college authorities to settle monetary benefits due to a 78-year-old retired office assistant with interest at 6% per annum within eight weeks, reducing the petitioner's requested rate from 12%.

What did the court decide?

Directed to settle monetary benefits with interest at 6% per annum within eight weeks from the date of receipt of this order.

Joseph Corera P Vs The Secretary to Government — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD).No.16346 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.07.2023

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.16346 of 2023

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P.Joseph Corera ... Petitioner

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Vs.

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1.The Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009.

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2.The Director of College Education, College Road, Nungambakkam, Chennai-600 006.

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3.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

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4.St.Mary's College, Represented by its Secretary, Tuticorin. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle all monetary benefit with interest at the rate of 12% per annum to the petitioner.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.16346 of 2023

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For Petitioner : Mr.S.Kumar For Respondents : Mr.N.Ramesh Arumugam Government Advocate

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ORDER

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The present writ petition has been filed seeking direction to the respondents to settle all monetary benefit with interest at the rate of 12% per annum to the petitioner.

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Heard the learned Counsel for the petitioner and the learned Government Advocate for the respondents and carefully perused the materials available on record.

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The petitioner was appointed as Office Assistant on 01.08.1973 by the fourth respondent College in an approved vacancy. Later on 30.12.1985, he was promoted as Mechanic. He retired from service on 31.03.2004. The petitioner sought for monetary benefit applicable to the post of mechanic. However, the first respondent vide order, dated 30.07.2010, rejected his request citing revision of educational qualification, subsequent to the date of his promotion.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.16346 of 2023

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Challenging the said communication, the petitioner filed W.P(MD)No.592 of 2011. This Court passed an order on 22.11.2019 directing to disburse the monetary benefits within a period of twelve weeks from the date of receipt of copy of the aforesaid order. However, the respondents did not disburse the monetary benefits within the stipulated period of time as fixed by this Court.

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The learned Government Advocate for the respondents on the basis of written instruction received by him submitted that it will take a considerable period of time for them to consider the representation made by the petitioner.

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Despite several request made by the petitioner, the respondents are not heeding to his request. Hence, the petitioner is also entitled to interest for delayed payment. The petitioner is of the age 78 and hence, this Court is inclined to direct the respondents to settle all monetary benefits with interest at a rate of 6% per annum to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.16346 of 2023

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With the above said observation, this writ petition stands disposed of.

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There shall be no order as to costs.

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26.07.2023

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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1.The Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009.

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2.The Director of College Education, College Road, Nungambakkam, Chennai-600 006.

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3.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

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4.The Secretary, St.Mary's College, Tuticorin.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.16346 of 2023

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L.VICTORIA GOWRI, J.

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BTR

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W.P.(MD).No.16346 of 2023

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26.07.2023

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https://www.mhc.tn.gov.in/judis

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Joseph Corera P v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

Joseph Corera P v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

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