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Madras High CourtWP/4918/2017disposed of

K.Kamalanabhan v. Principal Accountant General

2017-02-28Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.4918 of 2017 K.Kamalanabhan ..Petitioner Vs

1. Principal Accountant General (A&E), Office of the Principal Accountant General, Teynampet, Chennai - 600 018.

2. Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

3. Joint Director of agriculture, Kancheepuram.

4. Government of Tamilnadu, rep.

by Secretary, Agriculture Department, Fort St.George, Chennai - 600 009.

..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st respondent to sanction the disbursementof revised pension arrears due to the petitioner following the communication of the 3rd respondent dated 29.07.2016 in No.A2/17191/2004-7 on the file of the 3rd respondent referring to the orders of the 2nd respondent dated 23.06.2016 in APP No.2/11951/16 on the file of the 2nd respondent for the payment of arrears to the petitioner with interest at the rate of 12% per annum for the delay caused by the 1st respondent. For Petitioner :

Mr.S.Sadasharam For Respondents : Mr.V.Vijayashankar for R1 Mr.R.A.S.Senthilvel, Additional Government Pleader for R2 to R4

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.V.Vijayashankar, learned Standing counsel accepts notice for the 1st respondent and Mr.R.A.S.Senthilvel, learned Additional Government Pleader accepts notice on behalf of respondents 2 to 4.

2. The petitioner, in the affidavit filed in support of the writ petition would aver among other grounds that he retired from service as Depot Manager Grade-I in the Agriculture Department with effect from 31.05.1997 and he is also a pensioner drawing pension under PPO No.C268648. The petitioner would further aver that as per the orders passed by this Court, a proposal regarding revision of pension has been sent to the 1st respondent and since there is no response from the said Officer, he came forward to file this writ petition. 3.Learned counsel appearing for the petitioner would submit that the 3rd respondent vide letter bearing A2/17191/2004-7 dated 29.07.2016 has forwarded the revised proposal to the 1st respondent and it is for the 1st respondent to pass appropriate orders within the stipulated time.

4. Mr.V.Vijayashankar, learned Standing Counsel appearing for the first respondent, on instructions, would submit that the revised proposal has been received and it is being processed and appropriate orders will be passed as expeditiously as possible within two weeks from the date of receipt of a copy of this order.

5. In the light of the submissions made, this Court, directs the first respondent to consider the revised proposal dated 29.07.2016 sent by the 3rd respondent on merits and in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. sd/ Assistant Registrar /true copy/ Sub Assistant Registrar vsi To

1. Principal Accountant General (A&E), Office of the Principal Accountant General, Teynampet, Chennai - 600 018.

2. Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

3. Joint Director of agriculture, Kancheepuram.

4. The Secretary to Government, Agriculture Department, Fort St.George, Chennai - 600 009.

+1cc to Mr.S.Sadasharam, Advocate SR.No.13202 +1cc to Mr.V.Vijayashankar, Advocatee SR.No.13197 +1cc to Government Pleader SR.No.13580 W.P.No.4918 of 2017 RSY(CO) GN(03/03/2017)