S. RAMASAMY Vs. CHAIRMAN CHENNAI PORT TRUST CHENNAI

JUDGEMENT

(1.) This writ petition is filed seeking issuance of a writ of Certiorarified Mandamus to call for the proceedings of the second respondent in No.Estt(R)2/10675/2013/F, dated 30.4.2013, to quash the same and to consequently direct respondents 1 and 2 to grant the petitioner full pension, DCRG, earned leave encashment, provident fund and all other admissible terminal benefits along with interest.

(2.) According to the petitioner, he belongs to Konda Reddi Community, which is a Schedule Tribe Community. The petitioner retired from the service of the Chennai Port Trust as a Office Superintendent on 30.4.2013, on attaining the age of superannuation. However, on the date of his retirement, namely on 30.4.2013, the impugned order was passed by the second respondent holding that the pension and other terminal benefits due to him are withheld on two grounds, namely (i) in view of the pendency of verification of the genuineness of the community certificate of the petitioner by the District Level Vigilance Committee; and (ii) the wife of the petitioner herein obtained an order of interim injunction from the Family Court, Chennai in O.S.No.198 of 2012. For better clarity, the impugned order passed by the second respondent is extracted hereunder:

(3.) The present writ petition is restricted only with regard to the first ground for refusal of pension and terminal benefits, namely the verification of the genuineness of the community certificate is pending before the District Level Vigilance Committee. Insofar as the second ground regarding the injunction granted by the Family Court, Chennai is concerned, the petitioner clearly states that he will work out his remedy in accordance with law and he is not canvassing that issue in the present writ petition. The affidavit filed in support of the writ petition fortifies the above plea and, therefore, we confine ourselves to the issue relating to denial of pension and terminal benefits on the ground that verification of the genuineness of the community certificate is pending before the District Level Vigilance Committee.