Madras High CourtWP/7280/2017disposed of

D.Devadurai v. The State Of Tamil Nadu

2017-03-24Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7280 of 2017 D.Devadurai ..

Petitioner -vs1. The State of Tamil Nadu rep.by its Secretary to Government Revenue Department Secretariat, Fort St.George Chennai 600 009

2. The Commissioner of Revenue Administration Chepauk Chennai 600 005

3. The District Collector Salem District Salem ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to grant minimum pension to the petitioner in the post of Village Administrative Officer as per G.O.Ms.No.756, Revenue [Service 8(2)] Department dated 17.08.1993 and in the light of orders passed in G.O.Ms.No.158 Revenue [Service 8(2)] Department dated 08.04.2015, by considering the representation submitted by the petitioner dated 10.11.2014 with all consequential benefits including arrears of pensionary benefits from the date of retirement along with interest, within a time frame to be fixed by this Hon'ble Court.

For Petitioner :: Mr.G.Sankaran For Respondents ::

Mr.T.M.Pappiah Special Government Pleader

ORDER

The petitioner, claiming minimum pension in the post of Village Administrative Officer, as per G.O.Ms.No.756, Revenue [Service 8(2)] Department dated 17.08.1993, has given a representation on 10.11.2014 to the respondents demanding arrears of pensionary benefits from the date of his retirement along with interest. As the same has not been considered, he has been advised to approach this Court.

2. Mr.T.M.Pappiah, learned Special Government Pleader takes notice on behalf of the respondents.

3. The petitioner was appointed as Village Karnam on 1.7.79 and after the abolition of the said post, he was re-appointed as Village Administrative Officer on 28.10.2005. After serving in the said post, he retired from service with effect from 31.5.2014. Thereafter, he has given a representation on 10.11.2014. But till date the same has not been considered. The learned Special Government Pleader for the respondents also sought sufficient time to consider the petitioner's representation.

4. This Court, considering the limited prayer, without going to the merits of the matter, hereby directs the respondents to consider and dispose of the representation of the petitioner dated 10.11.2014, on the basis of G.O.Ms.No.756, Revenue [Service 8(2)] Department dated 17.08.1993 and in the light of orders passed in G.O.Ms.No.158 Revenue [Service 8(2)] Department dated 08.04.2015, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar ss To

1. The Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. The Commissioner of Revenue Administration Chepauk Chennai 600 005

3. The District Collector Salem District Salem +1cc to Government Pleader sr.18816 +1cc to Mr.G.Sankaran,Advocate sr.18972 W.P.No.7280 of 2017 ca(co) ss(12/4/2017)