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D. DAVID versus THE COMMISSIONER

High Court of Madras

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D. David v. The Commissioner - W.P. No.7786 of 2002 [2002] RD-TN 517 (25 July 2002)



IN THE HIGH COURT OF JUDICATURE AT MADRAS



Dated: 25/07/2002

Coram

The Honourable Mr. Justice P.K. MISRA

W.P. No.7786 of 2002

and

W.P.M.P. Nos.10693 & 10694 of 2002

D. David ... Petitioner -Vs-

1. The Commissioner,

Municipal Administration,

Chennai 5,

2. Regional Director,

Municipal Administration,

Vellore.

3. Municipal Commissioner,

Arakkonam Municipality,

Arakkonam. ... Respondents Petition under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus. For Petitioner : Mr. R. Robin Raj

For Respondents: Mr. P.S. Jayakumar

:O R D E R



Heard learned counsel appearing for the petitioner and the learned counsel representing the State. In spite of the notice, there is no appearance on behalf of the third respondent.

2. The petitioner has filed the writ petition for quashing the order in Na.Ka.No.267/2001/P3 dated 03.01.2002 and to give direction to the third respondent to pay the pension and other terminal benefits to the petitioner.

3. The petitioner was working as Gang Mazdoor under the third respondent. The stipulated date of retirement for the post of Gang Mazdoor was 58 years. However, due to some reason or other, the petitioner was allowed to work till the age of 60. Till such time, salary was also paid to the petitioner.

4. Subsequently, an order has been passed for recovery of amount paid to the petitioner after he had attained the age of 58 years on the ground that he was erroneously allowed to work and the amounts paid towards salary should be recovered. It is stated that because of the aforesaid order, pension and other terminal benefits have not been paid to the petitioner.

5. The order passed by the third respondent cannot be sustained either in law or in equity. If the petitioner was allowed to work beyond the age of retirement and salary was paid to him the mistake was not on the part of the petitioner but on the part of the third respondent. It is well settled policy in any civilized society that the person who is asked to render some work is to be paid for the work. In the present case, there is no dispute that the petitioner was allowed to work beyond stipulated age. Since he has worked, salary was to be paid. Therefore, the direction regarding recovery of amount paid for the period beyond the age of 58 years cannot be sustained and it is hereby quashed.

6. It appears that the pension and other terminal benefits have not been paid purely because the Authorities were contemplating to recover the amount allegedly paid in excess of the dues from such terminal benefits. Since the order relating to the recovery of amount is quashed, there is no reason for not granting any pension and other terminal P.K. MISRA,J. Benefits.

7. It is however made clear that while considering the question of pension and payment of terminal benefits, the service has to be counted till the stipulated age of retirement and no credit will be given to the petitioner for the period he worked beyond the age of retirement.

8. Subject to aforesaid observations, the writ petition is allowed. Consequently, the connected W.P.M.Ps. Are closed. However, there will be no order as to costs.

25-07-2002

Index:- Yes/No

Website:- Yes/No

ssa.

To

1. The Commissioner,

Municipal Administration,

Chennai - 5.

2. Regional Director,

Municipal Administration,

Vellore.

3. Municipal Commissioner,

Arakkonam Municipality,

W.P. No.7786 of 2002

and

W.P.M.P. Nos.10693 &

10694 of 2002




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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