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Madras High CourtWP/2674/2019disposed of

R.Meharaj v. The Principal Secretary

2019-01-31Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2019

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.2674 of 2019 R.Meharaj .... Petitioner Vs 1.The Principal Secretary-cum-Commissioner Government of Tamilnadu Agricultural Production, Fort St.George, Chennai-9.

2.The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai-35.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to permit the petitioner to retire from service with effect from 31.03.2019 in the light of the representations dated 28.11.2016 and 26.12.2018 and pass such other orders as may be deemed fit.

For Petitioner :

Mr.V.Vijayshankar For Respondent :

Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

*The petitioner was working as Junior Engineer and he has got involved in the criminal case in Spl.C.No.2 of 2017, which is pending.

The petitioner made several representations to the respondents seeking permission to retire, the last one was dated 26.12.2018, which were not considered. As the same were not considered, the petitioner has filed the present writ petition seeking appropriate relief. Learned counsel for the petitioner submits that the co-accused (Accused No.13) in the said criminal case was permitted to retire and petitioner seeks similar relief to be extended to him.

2. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice on behalf of the respondent and submits that the representation of the petitioner would be considered on merits https://hcservices.ecourts.gov.in/hcservices/

and in accordance with law, within the time stipulated by this Court.

3. Considering the facts and circumstances of the case, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 26.12.2018, on merits and in accordance with law, and in the light of the order passed in favour of co-accused (Accused No.13) in the criminal case, and pass orders after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of in the above terms. No costs.

Sd/- Assistant Registrar(CS IV) Dated:12/02/2019 *Corrected as per the order of this Court dated 22/2/2019 made in W.P.No.2674 of 2019 Sd/- Assistant Registrar(CS IV) Dated:07/03/2019 //True Copy// Sub Assistant Registrar To 1.The Principal Secretary-cum-Commissioner To be substituted Government of Tamilnadu Agricultural to the order Production, Fort St.George, Chennai-9. Already despatched on 21/2/2019 2.The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai-35.

+1cc to Mr.V.Vijay Shankar, Advoate Sr.17064 +1cc to the Government Pleader Sr.8783 W.P.No.2674 of 2019 srg 13/03/2019 https://hcservices.ecourts.gov.in/hcservices/