N.Thangarajulu v. The Dir.Of Public Health And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.20720 of 2004 N.Thangarajulu ... Petitioner Vs.

1. The Director of Public Health and Preventive Medicine, Chennai 6.

2. The Deputy Director of Health Services, Thanjavur.

3. The Medical Officer, Primary Health Centre, Konulam Pallam, Thanjavur.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to settle and pay within a time frame fixed by this Court all the terminal benefits as well as the provisional pension to the petitioner with effect from 01.04.2003 with interest at 18% per annum with a further direction to the 1st respondent to initiate disciplinary action against the officers concerned for the extraordinary delay in the settlement of the terminal benefits and the pensionary benefits of the petitioner. For Petitioner : No Appearance For Respondents : Mr.K.Rajendra Prasad, AGP

O R D E R

The petitioner has filed this petition for a direction to the respondents to settle the terminal and pensionary benefits.

2. There is no representation for the petitioner.

3. The learned Additional Government Pleader has filed a counter affidavit dated 07.04.2005, wherein it has been stated https://hcservices.ecourts.gov.in/hcservices/

that pending the Writ Petition, the entire terminal and pensionary benefits have been settled in favour of the petitioner and the petitioner also encahsed the same between the period 18.06.2003 and 24.09.2004. The paragraph 5 of the counter affidavit also ratifies such a submission.

4. Since the prayer sought for in the Writ Petition is for a direction to settle the terminal benefits from 01.04.2003 and in view of the submission that the terminal and pensionary benefits have been settled in favour of the petitioner, pending the Writ Petition, no further orders are required in the present Writ Petition. However, if at all, the petitioner is aggrieved against the settlement amount, liberty is granted to him to challenge the same by way of fresh Writ Petition.

5. With the above observations, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pvs To

1. The Director of Public Health and Preventive Medicine, Chennai 6.

2. The Deputy Director of Health Services, Thanjavur.

W.P.No.20720 of 2004 nr 22/03/2019 https://hcservices.ecourts.gov.in/hcservices/