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Madras High CourtWP/5621/2017disposed of

A.Parthasarathi v. The Commissioner

2017-03-07Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.5621 of 2017 A.Parthasarathi .. Petitioner vs 1.The Commissioner, Rippon Building, Chennai - 600 003.

2.The Zonal Officer, Zone-V, Basin Bridge, Chennai - 600 079.

3.The Assistant Revenue Officer, .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents herein to forthwith consider and pass orders on the representation dated 06.09.2016 followed by another representation dated 03.01.2017, which has been preferred seeking to revise the pension as per G.O.Ms.No.363 Finance (PGC) Department dated 23.08.2013 and pay the arrears to the petitioner.

For Petitioner : Mr.K.Raja For Respondents : Mr.G.Anantharangan Standing Counsel

O R D E R

The writ petition has been filed by the petitioner, A.Parthasarathi, who is a senior citizen aged about 80 years, seeking a limited prayer for issuance of writ of Mandamus, directing the respondents to forthwith consider and pass orders on his representation dated 06.09.2016 followed by another representation dated 03.01.2017, in which, he has sought for revision of pension as per G.O.MS.No.363 Finance (PGC) Department dated 23.08.2013.

2.The petitioner, who was working as Community Centre Care Taker in Chinthadripet Community Centre, Chennai-2, retired from service on 31.01.1995 and from 01.02.1995, the petitioner is receiving pension. As the Government of Tamil Nadu issued G.O.MS.No.363 Finance (PGC) Department dated 23.08.2013, clearly stating therein that for the purpose of pension revision, Dearness Allowance to be treated as Dearness Pay and it is applicable to those retired between 01.06.1988 and 31.12.1995, the petitioner has made a representation to the respondents on 06.09.2016.

Finding no response, he has made another representation on 03.01.2017 seeking the benefit of the aforementioned G.O.MS.No.363 Finance (PGC) Department dated 23.08.2013. But, till date, no response is forthcoming. Hence, the petitioner is before this Court.

3.Heard Mr.K.Raja, learned counsel appearing for the petitioner. Mr.G.Anantharangan, learned Standing Counsel takes notice for the respondents.

4.Considering the limited prayer that the representations given by the petitioner have not been disposed of till date and as the petitioner is aged about 80 years as on today, without going into the merits of the case, there shall be a direction to the Commissioner, Corporation of Chennai, the first respondent herein, to consider the petitioner's representation dated 06.09.2016 followed by another representation dated 03.01.2017 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of. No costs. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar To 1.The Commissioner, Rippon Building, Chennai - 600 003.

2.The Zonal Officer,

3.The Assistant Revenue Officer, +1 cc to M/s.G.Anantharangan,advocate,sr.14690 +1 cc to M/s.K.Raja, advocate,sr.14482.

ppa(co) krd 24/4 W.P.No.5621 of 2017