R.Venu v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM:

The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Venu .. Petitioner vs 1.The Secretary to Government, Adi Dravida and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Adi Dravida and Tribal Welfare Department, Chepauk, Chennai - 600 005.

3.The Adi Dravida and Tribal Welfare Officer, District Adi Dravida and Tribal Welfare Office, Cuddalore District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to pay the revised pension from 01.03.2017 as per the G.O.Ms.No.90 dated 09.05.2018 within the time stipulated by this Court. For Petitioner :

Mr.M.Devaraj For Respondents :

Mr.E.Sundaram Government Advocate 1/5

ORDER

1.

The grievance of the petitioner is that as per G.O.Ms.No.90 dated 09.05.2018, he ought to have been granted revised pension from 01.03.2017 onwards. The third respondent has already sent the proposal of the petitioner to the first respondent to consider the representation of revised pension of the petitioner from 01.03.2017 as per G.O.Ms.No.90 dated 09.05.2018. Since final orders have not been passed on the said proposal sent by the third respondent to the first respondent, the petitioner has filed this writ petition.

2.

Heard Mr.M.Devaraj, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate accepts notice on behalf of the respondents.

3.

No prejudice would be caused to the respondents if the proposal dated 07.12.2021 submitted by the third respondent to the first respondent in respect of the petitioner's request for revising the pension from 01.03.2017 as per G.O.Ms.No.90 dated 09.05.2018 is considered on merits and in accordance with law within a time frame 2/5

to be fixed by this Court.

4.

For the foregoing reasons, this Court directs the first respondent to pass final orders on merits and in accordance with law on the third respondent proposal submitted based on the representation made by the petitioner seeking for revised pension from 01.03.2017 in his favour from G.O.Ms.No.90 dated 09.05.2018 within a period of six weeks from the date of receipt of a copy of this order.

5.

With the aforesaid direction, the writ petition is disposed of. No costs.

06.01.2023 Index:Yes/No ssm To 1.The Secretary to Government, Adi Dravida and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Adi Dravida and Tribal Welfare Department, Chepauk, Chennai - 600 005.

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3.The Adi Dravida and Tribal Welfare Officer, District Adi Dravida and Tribal Welfare Office, Cuddalore District.

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ABDUL QUDDHOSE,J.

ssm 06.01.2023 5/5