Local Government Service Commission V. Urban Council

1952 Present: Swan J.

LOCAL GOVERNMENT SERVICE COMMISSION,
Petitioner,

and URBAN COUNCIL, PANADURA et al, Respondents

S. C. 487-Application for a Writ of Mandamus
 

Mandamus-Alternative remedy available-Circumstances when writ would nevertheless lie-Local Government Service Ordinance, No. 43 of 1945, s. 51 (a)-Pension payable thereunder-Remedy for collecting it from local authority.

Mandamus would lie where an alternative remedy by way of ordinary action would not be convenient or effective.

A writ of Mandamus is available to the Local Government Service Commission in order to compel a local authority to pay money due to it under section 51 (a) of the Local Government Service Ordinance in respect of a pension granted to a retired member of the Local Government Service. The obligation imposed on the local authority in such a case is in the nature of a public duty and can be enforced by way of Mandamus because an ordinary action would not be a convenient or effective remedy.

APPLICATION for a writ of Mandamus.

H. V. Perera, Q. C., with E. R. S. R. Coomaraswamy, for the petitioner.

E. B. Wikramanayake, Q. C., with Sam. P. C. Fernando, for the 1st respondent.

Sam. P. C. Fernando, for the 2nd respondent.

Cur. adv. vult.

November 21, 1952. SWAN J.-

This is an application for a writ of Mandamus on the Urban Council, Panadura, and its Chairman to command them to pay to the petitioner all sums of money that have fallen due and all sums that will in the future fall due in respect of the pension ranted to one B. P. Ranasinghe.

The petitioner's case is that under the provisions of the Local Government Service Ordinance, No. 43 of 1945, as amended by Ordinances Nos. 56 of 1946 and 37 of 1947 and Act No. 8 of 1949, all employees of Local Authorities including Urban Councils who hold scheduled posts are members of the Local Government Service and, as such, in the service of the petitioner; and that the power to grant pensions to such employees upon retirement is vested in the petitioner. Under section 51 of the main Ordinance as amended by section 19 of Act No. 8 of 1949 all pensions granted by the petitioner to retired members of the Service are payable by the Local Authority concerned to the petitioner out of its funds before the 10th day of each month. Under section 51 (a) the pension granted to a retired member is payable by the petitioner to such member. B. P. Ranasinghe

aforementioned who was Superintendent of Works of the Urban Council, Panadura, and who was a member of the Service of the petitioner retired under the provisions of section 46 of the Local Government Service Ordinance with effect from 15th March, 1950. On 14.12.1950 the petitioner duly approved the payment of a pension of Rs. 142. 92 per mensem to the said B. P. Ranasinghe. The respondents were duly informed of this decision and requested to remit all sums due in respect of this pension so that the petitioner could carry out its statutory obligation under section 50 (1) of the Ordinance. For several months the respondents failed to company with the petitioner's requests. On 14.7.1950 the respondents remitted to the petitioner only a sum of Rs. 3,029.74 out of a sum of Rs. 3,938 o 92 payable up to that date, and recommended that a reduced pension of Rs. 95 o 28 per mensem be granted to the aforementioned B. P. Ranasinghe. This recommendation was considered but rejected by the members of the Commission and on 30.7.1951 the petitioner returned the cheque for Rs. 3029/74 to the respondents informing them that the recommendation to reduce the pension was rejected and requesting them to remit the full amount of Rs. 3,938.92. The respondents, however, failed, and neglected to do so.

This application was made on 22.9.1951. On 25.9.1951 the 1st respondent remitted to the petitioner the full amount, namely, Rs. 3,938.92. That fact is referred to in the statement o

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