G. Banukumar vs Corporation of Chennai

M.M. Sundresh, J.—The petitioner joined the service of Chemmancherry Panchayat on 1.12.1987. The said Panchayat was included in the Chennai Corporation in the year 2011. Accordingly the petitioner was absorbed in the Chennai Corporation w.e.f 25.10.2011. The petitioner worked from 26.10.2011 in the Chennai Municipal Corporation and reached the age of superannuation on 30.4.2013. However, the petitioner has not been given either the pension or retirement benefits. Therefore, the petitioner made a representation on 22.7.2013 before the 1st respondent. As no orders are passed on the said representation, the present writ petition has been filed.

Learned counsel for the petitioner has made reliance upon 414-A(6) (b) of the Chennai City Municipal Corporation Act, 1919. The said provision is extracted hereunder:

''''(6) Notwithstanding anything contained in this Act, every officer or employee except in connection with water supply and sewerage services, who, immediately before the date of such Notification, was in the service of such Municipality, town panchayat or village panchayat, as the case may be, shall on and from the date of such Notification, be deemed to be an officer or employee of the corporation:

Provided that -

(a) the terms and conditions applicable to such officer or employee consequent on his absorption in the service of the corporation shall not be less favourable than those applicable to such officer or employee immediately before the date of such Notification, as regards pay nad allowances, leave, pension, gratuity, provident fund and age of superannuation; and

(b) the service rendered by such officer or employee under such municipality, town panchayat or village panchayat, as the case may be, upto the date of such Notification, shall be deemed to be the service under the corporation and he shall be entitled to count that service for the purpose of increments, leave, pension, provident fund and gratuity:.......

Accordingly, it is submitted that as per the said provision petitioner is entitled for the retirement benefits including the compensation payable in accordance with law.

Learned counsel for the 1st respondent submitted that the pending representation of the petitioner dated 22.7.2013 would be considered on merits and in accordance with law.

Considering the submissions made by the learned counsel appearing on either side, without going into merits of the case, a direction is issued to the 1st respondent to pass appropriate orders on the representation of the petitioner dated 22.7.2013 and on the proposal of the Ward Committee, Chennai City Municipal Corporation dated 12.8.2013 by taking into consideration of the provisions of the Chennai City Municipal Corporation Act, 1919 within a period of eight weeks from the date of receipt of copy of this order.

The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.