V.Selvarasu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.505 of 2022 V.Selvarasu ...

Petitioner vs.

1. The District Collector, District Collectorate Office, Namakkal District.

2. The Accountant General, O/o the Accountant General (A & E), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai 600 018.

3. The Tahsildar, Mohanur Taluk, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 02.08.2021, 12.08.2021 and 01.10.2021 seeking grant of remaining pensionary and retiral benefits to the petitioner for the service rendered from 30.06.1981 to 25.09.2017 in the post of Village Assistant, within the time to be stipulated by this court. For Petitioner : Mr.r.Bharath Kumar For Respondents : Mr.L.S.M.Hasam Fizal, Addl. Govt. Pleader for R1 & R3

ORDER

This writ petition has been filed seeking to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 02.08.2021, 12.08.2021 and 01.10.2021.

2. Mr.L.S.M.Hasam Fizal, learned Addl. Govt. Pleader takes notice for the respondents.

3. The case of the petitioner in brief:

The petitioner was appointed as Village Assistant on 30.06.1981 and then promoted as Assistant on 26.09.2017. Thereafter, he was retired from service on superannuation on 31.05.2020. However, the petitioner was paid only 50% of the retirement benefits by the respondents. Hence, he made representations to pay the remaining pensionary benefits to the respondents, but they did not consider it. Hence this writ petition.

4. The learned counsel for the petitioner submitted that the respondents may be directed to consider the representations of the petitioner and pass order, within a time as specified by this court.

5. The learned Additional Government Pleader appearing for the respondents submitted that the representations of the petitioner will be considered by the third respondent, within a time, as ordered by this court.

6. Inview of the above submissions and consent of both the parties, without expressing any opinion on merits, this court is inclined to pass orders.

7. Accordingly, it is ordered as follows.

i) The third respondent is directed to consider the representations of the petitioner and pass orders on its own merits, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mst To

1. The District Collector, District Collectorate Office, Namakkal District.

2. The Accountant General, O/o the Accountant General (A & E), Tamil Nadu, 361, Anna Salai, Teynampet, Chennai 600 018.

3. The Tahsildar, Mohanur Taluk, Namakkal District.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.3307 +1cc to the Government Pleader, S.R.No.3423 W.P.No.505 of 2022 PCH(CO) SB(07/02/2022)