N.Subulakshmi v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4470 of 2020 N. Subulakshmi ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal chief Conservator of Forest, Head of the Forest Department, Chennai - 600 015.

3.The District Forest Officer, Kanniyakumari Divison, Nagercoil.

4.The Accountant General of Tamil Nadu, Office at DMS Compound, Chennai - 600 018.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondents to consider and pass orders on the petitioner representation dated 24.10.2019 for the payment of retirement benefits on attaining the age of superannuation and all attendant benefits with the effect from his date of retirement 22.12.2017 together with interest at 24% p.a. for the unreasonable and inordinate delay in settlement of the petitioner's pension.

For Petitioner : Ms. T. Dharani For Respondent : Mr. M. Elumalai Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 24.10.2019 and pay his retirement benefits.

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2.

The case of the petitioner is that he was working as Social Forest Worker in the Forest Department. A charge memo came to be issued against the petitioner and the same resulted in a penalty of reduction in rank from the post of Forest Guard to the post of Forest Watcher for a period of three years with cumulative effect. The petitioner filed a writ petition before this Court and the same is pending. The petitioner reached the age of superannuation on 22.12.2019.

3.

The grievance of the petitioner is that he has not been settled with any of the retirement dues and therefore, she has made a representation to the respondent on 24.10.2019. Since the same was not considered, the present writ petition has been filed.

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 respondents to consider the representation made by the petitioner on 24.10.2019 and deal with the same strictly in accordance with law and pass appropriate orders and settle all the retirement dues to which the petitioner is entitled. The petitioner is directed to make a fresh representation to the respondent along with a copy of the representation dated 24.10.2019 and a copy of this order.

5.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar AT To 1.The Secretary to Government, Government of Tamil Nadu, Environment and Forest Department, Secretariat, Chennai - 600 009.

2.The Principal chief Conservator of Forest, Head of the Forest Department, Chennai - 600 015.

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3.The District Forest Officer, Kanniyakumari Divison, Nagercoil.

4.The Accountant General of Tamil Nadu, Office at DMS Compound, Chennai - 600 018.

+1 cc to Mr.T.Dharani Advocate sr17357 +1 cc to Special Government Pleader(Forest) sr17375 W.P.No.4470 of 2020 aa15/04/2020 3/3