2008 Supreme(Mad) 1571
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
A. Kanniappan
Versus
Commissioner of Municipal Admn. & Others
Writ Petition No.16592 of 2006 (T) (O.A.No.7618 of 1995)
Decided on : 09-06-2008
For the Petitioner:S. Ilamvaludhi, Advocate.
For the Respondents: T. Sreenivasan, Additional Government Pleader.
The court's decision was based on the settlement of the retirement benefits due to the petitioner.
Headnote:
Retirement Benefits - Petitioner's Retirement Benefits - The court closed the writ petition as the retirement benefits due to the petitioner had been settled by the respondents.
Fact of the Case:
The petitioner sought to direct the respondents to pay his retirement benefits that had accrued to him, with interest at 18% per annum.
Finding of the Court:
The court closed the writ petition as the retirement benefits due to the petitioner had been settled by the respondents.
Issues: Non-settlement of retirement benefits despite repeated requests by the petitioner.
Ratio Decidendi: The court found that the retirement benefits due to the petitioner had been settled by the respondents, based on submissions by the petitioner's counsel and the respondents' counsel.
Final Decision: The writ petition stands closed as no further orders are required. No costs.
It has been stated that on attaining the age of 58 years, the petitioner was permitted to retire on superannuation, on 33. 1995. However, the retirement benefits due to the petitioner have not been settled by the respondents inspite of repeated requests made by the petitioner.
2. The petitioner had filed the above writ petition to direct the respondents to pay the petitioners retirement benefits that had accrued to him from 4. 1995 with interest at 18% per annum.
3. The learned Additional Government Pleader appearing for the respondents had produced a communication in K.Dis.No.Roc.No.23077/08/B3, dated 15. 2008, from the Commissioner of Municipal Administration, which is as follows:
"With reference to your letter cited, I am to state that the terminal benefits relating to the petitioner Thiru A.Kanniappan, Retired Municipal Engineer of Villupuram Municipality has already been sanctioned by the Director of Local Fund Audit, Chennai-108 in his letter R.Dis.No.11316/MPV-4/2001 dated 15. 2001 and a copy of the same is enclosed herewith for kind information and necessary action."
4. The learned counsel appearing for the petitioner has also submitted that the retirement benefits due to the petitioner had been settled by the respondents as prayed for in the writ petition.
5. In view of the submissions made by the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents, this writ petition stands closed as no further orders are required. No costs.