S.Kasirajan v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4656 of 2020 K. Kasirajan ... Petitioner Vs.

1.The Director, Adi Dravidar Welfare Department, Chennai - 5.

2.The District Welfare Officer, Adi Dravidar and Tribal Welfare Department, Namakkal District.

3.The Head Master, Government Tribal Residential School, Vazhavandi Nadu, Namakkal.

4.The Special Tahisildar, Adi Dravidar Welfare, Namakkal District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the first respondent to permit the petitioner to retire from service w.e.f. 31.05.2017 and to grant pension, all consequential monetary retirement benefits and interest at the rate of 12% P.A. for the belated payments within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr. P. Arumuga Rajan For Respondent : Mr. P.S. Siva Shanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to permit the petitioner to retire from service and to grant him with all terminal benefits with interest.

2.

The case of the petitioner is that he was working in the third respondent school as Post Graduate Teacher, he attained superannuation on 31.05.2017. The grievance of the 1/3

petitioner is that the third respondent school failed to initiate the process of sending the service records to the second respondent and therefore, there was a delay in sanctioning the pension of the petitioner. The petitioner made a representation on 15.07.2019 in this regard. It is also seen from records that the second respondent has also sent a letter to the third respondent seeking for particulars of the petitioner in order to process the papers. Since there was no response from the third respondent, the present writ petition has been filed before this Court.

3.

Heard, Mr. P. Arumuga Rajan, learned counsel for the petitioner and Mr. P.S. Siva Shanmuga Sundaram, learned Special Government Pleader for the respondents.

4.

Taking into consideration of 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 third respondent to immediately forward all the service particulars of the petitioner to the second respondent and the second respondent on receipt of the same shall proceed further and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. If the papers are in order and the petitioner is entitled, the entire pensionary benefits shall be settled in favour of the petitioner. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order and a copy of the letter of the second respondent dated 16.07.2019. A copy of the representation shall also be marked to the second respondent.

5.

This writ petition is disposed of with the above direction. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar at To 1.The Director, Adi Dravidar Welfare Department, Chennai - 5.

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2.The District Welfare Officer, Adi Dravidar and Tribal Welfare Department, Namakkal District.

3.The Head Master, Government Tribal Residential School, Vazhavandi Nadu, Namakkal.

4.The Special Tahisildar, Adi Dravidar Welfare, Namakkal District.

+1 cc to Government Pleader sr17187 +1 cc to Mr.P.Arumugarajan Advocate sr16502 W.P.No.4656 of 2020 aa15/04/2020 3/3