M.Charles v. The Regional Director(South)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ WRIT PETITION NO.31511 OF 2004 M.Charles ... Petitioner -Vs1. Shri. C.R.V.Rao, The Regional Director (South), India Tourism Chennai, The Government of India Southern, Regional Office, No.154, Anna Salai, Chennai - 600 002.
2. The Additional Director, The General Department of Tourism, Transport Bhawan, No.1, Parliament Street, New Delhi - 110 001.
3. The Pay & Accounts Officer, The Department of Tourism, The Government Of India, Transport Bhavan, No.1, Parliament Street, New Delhi - 110 001.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to withhold the Final Settlement of Accounts and dues of the 1st respondent at the end fo his service viz. On Retirement benefits arising on 30.10.2004 with the 3rd respondent Pay & Accounts Officer, Department of Tourism, Government of India.
For Petitioner : Mr.S.Aravamuthan For Respondents : Mr.Mandan Gopal Rao Central Government Standing Counsel
O R D E R
The petitioner is a tourist guide. The 1st respondent obtaining the assistance of Approved Tour Guide Association deprived the petitioner of his professional business. He made the Approved Tour Guides Association to write letter to the travel agents and prevented the petitioner from practicing as a tourist guide. Aggrieved over the same, he preferred a writ petition seeking a direction to stop the settlement of accounts of the 1st respondent and payment of the terminal benefits on account of his retirement.
2. When the matter came up for hearing, the learned counsel appearing for the official respondents submitted that the petitioner was issued guide identity card on 27.10.2004. He is holding a valid guide identity card as on date and his name was included in the Approved Regional Level Guide list, issued by the Ministry of Tourism, Government of India by the letter dated 28.09.2015.
3. From the statement made by the respondent, it is noted that the petitioner was given a valid guide identity card as early as 27.10.2004 itself. The writ petition was filed on 26.10.2004. Therefore, the allegation made by the petitioner does not appear to be correct and that there is no necessity for withholding the retirement benefits from the 1st respondent which is duly payable to him. The writ petition as such is misconceived and it is not sustainable, hence dismissed. There shall be no order as to costs. Consequentially, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sha/kpr To 1.
The Regional Director (South), India Tourism Chennai, The Government of India Southern, Regional Office, No.154, Anna Salai, Chennai - 600 002.
2.
The Additional Director, The General Department of Tourism, Transport Bhawan, No. 1, Parliament Street, New Delhi - 110 001.
3.
The Pay & Accounts Officer, The Department of Tourism, The Government of India, Transport Bhavan, No.1, Parliament Street, New Delhi - 110 001.
W.P.NO.31511 OF 2004 PMK(CO) PBS/18/03/2022