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Madras High CourtWP/13359/2015dismissed

I.Kannan, v. The State Of Tamilnadu,

2023-09-29Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN I.Kannan ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Fort.St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

3. The Chief Conservator of Forests, O/o. Conservator of Forests, Forestry Extension, North Division, Sartharpattel Road, Guindy Childrens Park, Chennai - 22.

4. P.Sornappan

5. R.Neethirajan

6. The Principal Accountant General of Tamil Nadu, O/o. The Accountant General of Tamil Nadu, Chennai - 18.

(R-6 is impleaded as per order dated 26.02.2016 in M.P.No.1 of 2015 in W.P.No.13359 of 2015) ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner's claim with regard to take action as against the fourth and fifth respondents and to settle his dues for the works done by him.

For Petitioner : No appearance For Respondent : Mr.L.S.M.Hasan Fizal, Additional Government Pleader (for R1 to R3) Mr.S.Neduchezhiyan (for R4 & R5) Mr.V.Murali (for R6)

ORDER

The Writ Petition has been filed to direct the first and second respondents to take appropriate action as against the fourth and fifth respondents respectively, for non settling the dues to the petitioner.

2. The learned counsel for the fourth and fifth respondents submitted that the petitioner had retired from service as Forest Range Officer and he claimed reimbursement for the amount, which was spent by him. He further submitted that the Forest Range Officer would be restricted from financial transactions before three months of his retirement as per the order passed by PCCF in Ref.No.13/2008 dated 06.07.2008 and Ref.No.VI/60272/2009 dated 31.03.2010. The petitioner retired from service on 31.01.2011. He is entitled to reimbursement of the amounts that have been spent by him within a period of three months prior to the date of retirement, but he is not entitled for reimbursement after his retirement. Therefore, the amount was not settled to the petitioner.

3. That apart, in view of the non-disbursal of the amount claimed, no action has been taken as against the fourth and fifth respondents herein, since they have been discharged their official duty. Hence, this Writ Petition is devoid of merits.

4. In the result, this Writ Petition is dismissed. No costs. 29.09.2023 Index:Yes/No kv To

1. The Secretary to Government, The State of Tamil Nadu, Environment and Forest Department, Fort.St.George, Chennai - 9.

2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.

3. The Chief Conservator of Forests, O/o. Conservator of Forests, Forestry Extension, North Division, Sartharpattel Road, Guindy Childrens Park, Chennai - 22.

4. The Principal Accountant General of Tamil Nadu, O/o. The Accountant General of Tamil Nadu, Chennai - 18.

G.K.ILANTHIRAIYAN, J.

kv 29.09.2023