P.Jayavelu v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Jayavelu

...Petitioner

Vs.

1.The District Collector, Salem District, Salem.

2.The Commissioner, Thalaivasal Panchayat Union, Thalaivasal.

Salem District.

Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the entire records relating to the proceedings in Na.Ka. No.400/2010/sa.oo.thi2 dated 21.9.2017 on the file of the 1st respondent and quash the same in so far as the Para 3 of the impugned order, direction the 1st respondent to pay the pension, pension benefits to the petitioner.

For Petitioner : Mr.C.Veeraraghavan 1/4

For Respondents : Mr.R.P.Murugan Raja Government Advocate for R1 Mr.R.S.Selvam for Mr.N.Srinivasan for R2

ORDER

This writ petition has been filed to call for the entire records relating to the proceedings in Na.Ka. No.400/2010/sa.oo.thi2 dated 21.9.2017 on the file of the 1st respondent and quash the same in so far as the Para 3 of the impugned order, direction the 1st respondent to pay the pension, pension benefits to the petitioner. 2.The learned counsel for the petitioner made a submission that during the pendency of the writ petition all the pensionary benefits due to the petitioner has been settled. In this regard, Paragraph No.8 of the counter filed by the respondents reads as under:

8.With regard to the averments made in the Paragraph 4 of the affidavit and grounds. I respectfully submitted that the petitioner granted with pension benefit as per Na.Ka.No.105/2016/sa.oo.thi.2 dated 30.12.2017 based on which Disburse on Lumpsum pension 2/4

amount Rs.60,000/- (Rupees Sixty Thousand only) by the second respondent and proceedings in Na.Ka.No.3043/2016/A6 dated 14.02.2018 and the petitioner received from 01.05.2016 to 31.10.2017 arrear pension amount Rs.27,000/- (Rupees Twenty Seven Thousand only) by the second respondent in Na.Ka.No.1276/2017/A6, dated 07.02.2018 and all the pension benefit paid to the petitioner.

3.The learned counsel for the petitioner states that subsistence allowance is yet to be paid. In this regard, the petitioner is at liberty to approach the authorities for redressal of his grievances. The eligibility is to be decided on merits and in accordance with law.

4.Accordingly, this writ petition stands disposed of. No Costs. 22.11.2022 Index : Yes Internet : Yes Speaking order : Yes / No ssr 3/4

S.M.SUBRAMANIAM, J.

ssr To 1.The District Collector, Salem District, Salem.

2.The Commissioner, Thalaivasal Panchayat Union, Thalaivasal.

Salem District.

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