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Madras High CourtWP/1247/2015disposed of

Kamal Basha v. The Commissioner

2015-01-21Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.1247 of 2015 Kamal Basha

...Petitioner

v.

1. The Commissioner Directorate of Technical Education, Guindy, Chennai-25

2. Valivalam Desikar Polytechnic College, Rep. by its Principal, Nagapattinam 611 003

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the 1st respondent to consider and pass orders on the representation dated 12.12.2014 made by the petitioner seeking pension and terminal benefits. For Petitioner :

Mr.N.A.Nissar Ahmed For Respondents :

Mr.M.S.Ramesh Addl. Govt. Pleader - for R1

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus to direct the first respondent to consider and pass orders on the representation dated 12.12.2014 made by him seeking pension and terminal benefits.

2. According to the petitioner, he is an ex-service man and worked in the second respondent college from 1.7.1982 to 15.9.2003 and from 16.5.2000 to 15.9.2003 as Principal in charge. The petitioner attended the duty on 22.12.2004 and he is entitled to be relieved from the duty and to all terminal benefits. The second respondent by their letter dated 29.10.2013 had recommended to order terminal benefits to him approving the voluntary retirement. https://hcservices.ecourts.gov.in/hcservices/

The petitioner is aged 65 years now. On 12.12.2014, the petitioner sent a representation to the first respondent, however, the first respondent has not considered the representation so far.

3. Mr.M.S.Ramesh, learned Additional Government Pleader takes notice for the first respondent and submitted that the first respondent may be directed to dispose of the representation dated 12.12.2014 filed by the petitioner within a stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the first respondent to dispose of the representation dated 12.12.2014 filed by the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. However, there shall be no order as to costs. Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar Rj To

1. The Commissioner Directorate of Technical Education, Guindy, Chennai-25 2 The Principal, Valivalam Desikar Polytechnic College, Nagapattinam 611 003 1 CC to Mr.N.A.Nissar Ahmed, Advocate SR.No. 2914 1 CC to the Government Pleader, SR.No. 3022 W.P.No.1247 of 2015 MP (CO) PSI (04.02.2015) https://hcservices.ecourts.gov.in/hcservices/