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Madras High CourtWP/9104/2017disposed of

M.Mohanasundaram, v. The Secretary To Government,

2017-04-17Honourable Mr Justice T.Raja5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No 9104 of 2017 M.Mohanasundram .. Petitioner -vs1.The Secretary to Goivernment, Revenue[Ser-2(3)] Department, Fort St.George, Chennai-600 009.

2.The Principal Secretary, Commissioner of Revenue Administration, Chepauk, Chennai-5.

.. Respondents Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioner's representation dated 20.02.2017 with regard to payment of retirement benefits and pension within a stipulated time as fixed by this Court.

For Petitioner ::

Mr.M.Ramdass For Respondents ::

Mr.T.M.Pappiah Special Government Pleader

ORDER

The petitioner has joined the service as Special Revenue Inspector on 17.02.1986 in the Siruganoor Check Post, Lalgudi Taluk, Trichy District. While he was working as Deputy Collector in Salem, a Charge Memo dated 23.06.2010

was issued by the District Collector, Tiruchirappalli alleging that he gave a personal loan of Rs.2,00,000/- to another Government servant one M.Somasundaram, without prior permission from the competent authority. However, an enquiry was conducted and the enquiry officer has submitted his report dated 08.07.2013 holding that all the charges are proved. While he was working as Special Deputy Collector, he reached the age of superannuation and he was permitted to retire from service when the disciplinary proceedings are pending against him. While so, the first respondent has passed the Government Order vide G.O. (2D) No.109 Revenue (Ser-2(3)) Department dated 15.04.2016 imposing punishment of pension cut at Rs.500/- for a period of six months .

Now the grievance of the petitioner is that in spite of disciplinary proceedings have come to an end, the retirement benefits have not been disbursed till date and hence he made a representation to the respondents. 2.Learned Special Government Pleader appearing for the respondents sought six weeks time to dispose of the petitioner's representation. 3.Considering the limited relief sought for in this petition and also considering the fact that though disciplinary proceedings have come to an end, retirement benefits have not been disbursed till now, this Court directs the respondents to consider the representation made by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4.With this direction, the writ petition is disposed of accordingly. No costs.

Speaking/Non speaking order 17.04.2017 Index : yes/no vga To 1.The Secretary to Goivernment, Revenue[Ser-2(3)] Department, Fort St.George, Chennai-600 009.

2.The Principal Secretary, Commissioner of Revenue Administration, Chepauk, Chennai-5.

T.RAJA, J.

vga W.P.No 9104 of 2017 17.04.2017

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