G.Murugesan v. The Principal,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.4113 of 2020 G.Murugesan ..Petitioner - Vs -

1. The Principal, Dr.Ambedhkar Government Law College, Pattarai Perumpudur, Thiruvallur District.

2. The Accountant General (Pension), Teynampet, Chennai-18.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to consider and pass order on the petitioner's representation letter dated 09.07.2019 regard to payment of subsistence allowance and count the earlier service for the period in the year 1970 to 2002 and to sanction enhanced pension with arrears within a time limit to be prescribed by this Court. For Petitioner : Mr.A.Baskaran For Respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the first respondent to pass orders on the representation made by the petitioner on 09.07.2019 within a time fixed by this Court.

2. The case of the petitioner is that he was working as a Record Clerk and he was terminated from service in the year 2002. The petitioner challenged the same before Tamil Nadu Administrative Tribunal, which ultimately, got transferred before this Court and this Court in WP.No.37959 of 2005 was pleased to modify the order of termination into one of

compulsory retirement. The respondents have also fixed the monthly pension of the petitioner and according to the petitioner, a very meagre amount has been fixed as Pension and therefore, he made a representation to the respondents to refix his pension. The petitioner received a reply to the effect that his Service Records are missing and it cannot be traced. The petitioner has therefore, made a representation to the respondents to count his earlier service for the period from 1970 to 2002 and to refix his pension. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard Mr.A.Baskaran, learned counsel appearing on behalf of the petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appearing on behalf of the first respondent.

4. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the respondents to consider the representations made by the petitioner dated 05.12.2018 and 05.11.2019 on its own merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this Order. The petitioner is directed to make a fresh representation along with a copy of the representations dated 05.11.2018 and 05.12.2019 and a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KMI To

1. The Principal, Dr.Ambedhkar Government Law College, Pattarai Perumpudur, Thiruvallur District.

2. The Accountant General (Pension), Teynampet, Chennai-18.

+1cc to Mr.A.Baskaran, Advocate, S.R.No.16100 +1cc to the Government Pleader, S.R.No.16244 WP.No.4113 of 2020 SVI(CO) KKV/12/08/2020