K.Kalaiselvan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Kalaiselvan ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowment Department Uthamar Gandhi Salai, Nungasmbakkam Chennai-600034

2. The Deputy Commissioner Hindu Religious and Charitable Endowment Department Muthusamy Nagar, Thirupathur Road, Siva Gangai-630 561.

3. Joint Commissioner Hindu Religious and Charitable Endowment Department Muthusamy Nagar, Thirupathur Road, Siva Gangai-630 561.

4. The Assistant Commissionr/Executive Officer, Arulmigu Subiramaniyar, Swamy Thirukovil, Thiruparamkundram, Madurai District.

5. The Assistant Commissioner/Executive Officer Arulmigu Ramanathasamy Thirukovil Rameshwaram ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other writs or such or other orders in 1/6

the nature of direction on the respondents 1 to 3 to consider the petitioner's representation dated 17.10.2022 and granting the voluntary retirement along with all terminal benefits and arrears in favour of the petitioner. For Petitioner : M/s.R.Rajkumar For Respondents : Mr.K.Karthikeyan, Government Advocate - - - - -

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 17.10.2022 wherein the petitioner has sought for voluntary retirement.

2. The case of the petitioner is that he had served for nearly 23 years at Arulmigu Subiramaniyar Swamy Thirukovil and thereafter, he was transferred to Arulmigu Subiramaniyar Swamy Thirukovil Thiruparam Kundram. The petitioner questioned the transfer order before the Madurai Bench of this Court in W.P.No.23174 of 2022 and the said Writ Petition was dismissed by order dated 30.09.2022.

2/6

3. The petitioner thereafter decided to submit his voluntary retirement and accordingly he made a representation to the 1st respondent and the 1st respondent through letter dated 14.11.2022 directed the 3rd respondent to deal with the representation made by the petitioner. Since, there was no progress on the side of the 3rd respondent and the petitioner was suffering from heavy ailments, the petitioner was constrained to file the present Writ Petitioner seeking for appropriate directions.

4. Heard M/s.R.Rajkumar, learned counsel appearing for the petitioner and Mr.K.Karthikeyan, learned Government Advocate appearing for the respondents.

5. The learned Government Advocate appearing on behalf of the respondents submitted that the representation made by the petitioner seeking voluntary retirement is now under consideration by the 4th respondent and that the 4th respondent will take a decision within the time frame fixed by this Court.

3/6

6. Taking into consideration the limited relief sought for in this Writ Petition and the fact that the representation of the petitioner is already under consideration before the 4th respondent, there shall be a direction to the 4th respondent to take a decision on the request for voluntary retirement sought for by the petitioner within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall make a fresh representation to the 4th respondents with all the relevant documents and also a copy of this order. A copy of the same shall be marked to the 1st respondent .

7. This Writ Petition is disposed of with the above directions. No Costs.

27.01.2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

nhs 4/6

To

1. The Commissioner, Hindu Religious and Charitable Endowment Department Uthamar Gandhi Salai, Nungasmbakkam Chennai-600034

2. The Deputy Commissioner Hindu Religious and Charitable Endowment Department Muthusamy Nagar, Thirupathur Road, Siva Gangai-630 561.

3. Joint Commissioner Hindu Religious and Charitable Endowment Department Muthusamy Nagar, Thirupathur Road, Siva Gangai-630 561.

4. The Assistant Commissionr/Executive Officer, Arulmigu Subiramaniyar, Swamy Thirukovil, Thiruparamkundram, Madurai District.

5. The Assistant Commissioner/Executive Officer Arulmigu Ramanathasamy Thirukovil Rameshwaram 5/6

N. ANAND VENKATESH, J.

nhs W.P.No.

27.01.2023 6/6