N. ARASU Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) The petitioner herein, who was an Assistant Executive Engineer in the respondents' Corporation (Building Department), had retired from the services on 28/2/2009. His entire Death-cum-Retirement Gratuity (DCRG) benefits were withheld by the respondents on the ground that, audit objections and advance adjustments were pending for the year 2001-2002 and 2002-2003. Ultimately, on 29/9/2010, an order came to be passed by the first respondent herein that since the audit objections were pending, his DCRG benefits would be released after closure of the objections. Consequently, on 19/10/2010, the second respondent herein had also passed an order on the same lines. These two orders are challenged in W.P.No.20585 of 2012. Based on the representations given by the petitioner seeking for release of his DCRG benefits, the respondent had sought to recover an alleged excess pay from the petitioner for the period between 1/4/1994 to 28/2/2009 amounting to Rs.80,646.00 through the impugned order dtd. 9/4/2010. This order is put under challenge in W.P.No.26989 of 2012.

(2.) Heard Mr.P.Manoj Kumar, learned counsel for the petitioner and Ms.P.T.Rama Devi, learned counsel appearing for the first respondent as well as Mr.V.Ravi, learned Special Government Pleader for the second respondent.

(3.) Since both the Writ Petitions involves withholding the petitioner's DCRG benefits owing to audit objections, they are disposed of, through a common order.