Madras High CourtWP/5445/2017disposed of

R.Anbalagan v. The Principal Secretary And

2017-03-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.5445 of 2017 R.Anbalagan ... Petitioner Vs

1. The Principal Secretary and Commissioner, Department of Economics and Statistics, Chennai - 600 006.

2. The Deputy Director of Statistics, No.121, Bazaar Street, Dharmapuri - 636 702 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 04.01.2017 and calculate the petitioner's previous service of 12 years as statistical investigator in the Department of Horticulture and Plantation Crops along with his regular service with the respondents from 1993 to 2014 for the purpose of granting full pension benefits to the petitioner based on G.O.ms.No.408 Finance (Pension) department dated 25.08.2009.

For Petitioner : Ms.C.A.Sharmila For Respondents :

Mr.P.Chinnadurai, Government Advocate.

ORDER

By consent the writ petition itself is taken up for final disposal. Mr.P.Chinnadurai, learned Government Advocate accepts notice on behalf of the respondents.

2. The petitioner joined the services in 1981 as a Statistical Investigator in the Department of Horticulture and Plantation Crops on consolidated basis and subsequently, he was selected for the post of Assistant Statistical Investigator through TNPSC in the Department of Economics and Statistics on 10.02.1993 and he joined the service in the said Department and worked for more than 20 years. The petitioner also made a request to calculate his previous service as Statistical Investigator in the Department of Horticulture for the purpose of pensionary benefits and in

this regard, he has submitted a representation dated 09.10.2009 and since the said representation have not been given disposal, he submitted one more reminder dated 04.01.2017. Since he is not favoured with any kind of response, he came forward to file this writ petition.

3. Learned counsel for the petitioner would submit, it would be suffice to direct the 1st respondent to consider and dispose of the petitioner's representation in accordance with law at an early date.

4. This Court, heard the submission of Mr.P.Chinnadurali, learned Government Advocate appearing for the respondents.

5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the first respondent along with a copy of this order as well as the copy of the earlier representations dated 09.10.2009 and 04.01.2017 within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, upon receipt of the same, is directed to consider the same on merits and in accordance with law and pass orders within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi To

1. The Principal Secretary and Commissioner, Department of Economics and Statistics, Chennai - 600 006.

2. The Deputy Director of Statistics, No.121, Bazaar Street, Dharmapuri - 636 702 +1cc to The Government Pleader, High Court Madras in sr 14474 +1cc to Mr.C.A.Sharmila, Advocate,sr 13914 W.P.No.5445 of 2017 SS(CO) RMP(07/03/17)

03.03.2017