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2025 DAILYLAW 116030 (MAD)

G. Punithavati v. The Commissioner

WP(MD)/857/2025 · 2025-01-27

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.857 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025 CORAM: THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.857 of 2025 G.Punitavati ... Petitioner Vs. The Commissioner, Trichirappalli Corporation, Trichirappalli. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondent herein to settle the petitioner's retirements benefits by considering the petitioner's representation dated 19.12.2024 and pass such orders. For Petitioner : M/s.K.Hema Karthikeyan For Respondent : Mr.J.Sriprasad Standing Counsel for Mr.R.B.Law Associates ORDER The instant writ petition has been filed by a retired Superintendent of the respondent municipal corporation, seeking a mandamus to release her terminal benefits. 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.857 of 2025 2. A perusal of the records reveals that the petitioner has retired as a Superintendent on 30.04.2024. However, the terminal benefits have not been released and pension proposals have not been forwarded by the municipal corporation. Hence the present writ petition. 3. The learned Standing Counsel for the municipality corporation, relying upon the counter affidavit had contended that the petitioner was initially promoted as an Assistant from Junior Assistant with effect from 13.02.2009 as a temporary measure. Thereafter, the petitioner was promoted to the post of Superintendent on 20.08.2019. The promotion of the petitioner as Superintendent is under challenge in W.P(MD)No.13711 of 2019. Therefore, the respondent municipal corporation is not in a position to disburse the terminal benefits of the writ petitioner. 4. Considering the above said facts, this Court is inclined to pass the following order:- 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.857 of 2025 (a) The respondent municipal corporation is directed to release the terminal benefits of the writ petitioner treating that the petitioner has retired as an Assistant on 30.04.2024. The pension proposals may also be forwarded to the concerned authorities treating her as an Assistant. (b)In case the petitioner succeeds in W.P(MD)No.13711 of 2019, the arrears of terminal benefits and revised pension proposals may be forwarded by the concerned authorities. (c) The terminal benefits shall be released as stated above within a period of 12 weeks from the date of receipt of a copy of this order. 5. The writ petition stands disposed of with the above observations and directions. No costs. 27.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.857 of 2025 R.VIJAYAKUMAR , J. rgm To The Commissioner, Trichirappalli Corporation, Trichirappalli. W.P.(MD)No.857 of 2025 27.01.2025 4/4 https://www.mhc.tn.gov.in/judis