L.Thiruvenkadasamy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA L.Thiruvenkadasamy ... Petitioner -vs1.The Secretary to Government, Agriculture Department, Secretariat, St.George Fort, Chennai.

2.The Commissioner of Agriculture, Ezhilagam, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records in relating to letter No.VA.An 2/88800/2014 dated 09.10.2014 and quash the same as illegal.

For petitioner : Mr.A.Ansar For respondents : Mr.V.Jeevagiridharan,

Additional Government Pleader

ORDER

The petitioner herein seeks to quash the order passed by the Director of Agriculture rejecting his request to grant him the pensionary benefits, since he had been removed from service.

2. The petitioner had joined the Department of Agriculture as Extension officer in the year 1964 and worked in Salem District for 2 years and thereafter, was transferred to Pollachi Union, where he worked for 2 years and then, transferred to Annamalai Union Office, Madathukulam Union and Kinathukadavu for over 6 years. Subsequently, owing to his family circumstances, he had availed leave for one year and after joining the duty, he was promoted and transferred to Dharapuram, where he worked for 3 years. He was then, transferred to Ukdumalpet and then, he availed leave for 5 years owing to his family circumstances. On account of the petitioner's unauthorized absence, he was removed from service by an order dated 11.10.1994 passed by the second respondent. This

order has not been challenged by the petitioner.

3. While so, the petitioner had submitted representations dated 05.11.2013 and 23.07.2014 to grant him the pensionary benefits for the period that he had been in service viz., from 1964 to 1980 and for a month in the year 1985. This request had been rejected on the ground that the petitioner was removed from service and he was not superannuated to seek the pensionary benefits. Since the petitioner is now seeking the pensionary benefits without challenging his dismissal / removal order, I see no reason to interfere with the order passed by the second respondent. Consequently, this writ petition stands dismissed. No costs. 20.06.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order

ssa To 1.The Secretary to Government, Agriculture Department, Secretariat, St.George Fort, Chennai.

2.The Commissioner of Agriculture, Ezhilagam, Chennai.

P.T.ASHA, J., ssa 20.06.2024