Madras High Court
B.Punithavathi vs The Commissioner on 27 September, 2022
W.P.No.25804 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.25804 of 2022
B.Punithavathi ... Petitioner
vs.
The Commissioner,
Greater Chennai Corporation,
“Rippon Building”,
Chennai – 600 003. ...Respondent
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the Respondent to disburse the subsistence
allowance for the period from 15.09.2021 at the rate of half of the pay last
drawn and full allowances for 6 months i.e. up to 14.03.2022 and at the rate
of 75% of the last pay drawn and full allowance beyond the period from
15.03.2022 to 09.06.2022 a day prior to dismissal from service, to disburse
the final amount of General Provident Fund, Special Provident Fund with
accrued interests, Encashment of Leave Salary and EOL on PA at
petitioner's credit as on 10.06.2022 along with the admissible interest
thereon as these amounts are petitioners properties under Article 300-A of
the Constitution of India and in the light of the Division Bench Judgment of
this court dated 31.07.2019 in W.A.(MD).No.105 of 2019 [The Secretary to
Government, Revenue Department v. K.Palaniyandi] within the time limit.
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W.P.No.25804 of 2022
For Petitioner : Mr.R.Baskaradoss
For Respondent : Mr.S.Gopinath,
Standing Counsel
ORDER
This writ petition has been filed for a mandamus seeking for a
direction to the respondent to disburse the subsistence allowance for the
period from 15.09.2021 at the rate of half of the pay last drawn and full
allowances for 6 months i.e. up to 14.03.2022 and at the rate of 75% of the
last pay drawn and full allowance beyond the period from 15.03.2022 to
09.06.2022, a day prior to dismissal from service, to disburse the final
amount of General Provident Fund, Special Provident Fund with accrued
interests, Encashment of Leave Salary and EOL on PA at petitioner's credit
as on 10.06.2022 along with the admissible interest thereon.
2. Mr.S.Gopinath, learned Standing Counsel accepts notice on behalf
of the respondent. By consent of both parties, this writ petition is taken up
for final disposal in the admission stage itself.
3. The petitioner who was a teacher, was suspended and later on was
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W.P.No.25804 of 2022
dismissed from service. The petitioner seeks payment of subsistence
allowance for the periods mentioned supra. The petitioner has given a
representation on 18.07.2022 to the respondent seeking for the reliefs
aforementioned. Since the representation has not been considered till date,
the petitioner has filed this writ petition.
4. Heard Mr.R.Baskaradoss, learned counsel for the petitioner and
Mr.S.Gopinath, learned Standing Counsel appearing for the respondent.
5. No prejudice would be caused to the respondent, if the petitioner's
representation is considered on merits and in accordance with law.
6. The petitioner also relies upon the Judgment of the Division Bench
of this Court dated 31.07.2019 passed in W.A(MD).No.105 of 2019 in order
to substantiate his claim. However, it is for the respondent to consider the
same and decide as to whether the said decision is applicable to the case of
the petitioner or not.
7. For the foregoing reasons, this Court directs the respondent to pass
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W.P.No.25804 of 2022
final orders on the petitioner's representation dated 18.07.2022 requesting
for disbursement of subsistence allowance for the period from 15.09.2021 at
the rate of half of the pay last drawn and full allowances for 6 months i.e. up
to 14.03.2022 and at the rate of 75% of the last pay drawn and full
allowance beyond the period from 15.03.2022 to 09.06.2022, a day prior to
dismissal from service, to disburse the final amount of General Provident
Fund, Special Provident Fund with accrued interests, Encashment of Leave
Salary and EOL on PA at petitioner's credit as on 10.06.2022 along with the
admissible interest thereon on merits and in accordance with law within a
period of twelve weeks from the date of receipt of a copy of this Order.
8. With the aforesaid direction, this writ petition is disposed of. No
costs.
27.09.2022
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Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
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W.P.No.25804 of 2022
To
The Commissioner,
Greater Chennai Corporation,
“Rippon Building”,
Chennai – 600 003.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis
W.P.No.25804 of 2022
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W.P.No.25804 of 2022
27.09.2022
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