M.Pandurangan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03-04-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10976 of 2018 M.Pandurangan .. Petitioner vs 1.The District Collector, Tiruvallur District, Tiruvallur-602 001.

2.The Revenue Divisional Officer, Tiruvallur-602 001.

3.The Thasildhar, Poonamallee.

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

(R-4 impleaded suo motu by order of Court dated 3.4.2019) ..

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to sanction the service cum terminal benefits and pension from 28.2.1998 and other service monetary benefits along with interest at the rate of 18% p.a. to the petitioner.

For Petitioner : Mr.P.Manikannan For Respondents : Mr.A.N.Thambidurai, Special Government Pleader.

O R D E R

The grievance of the writ petitioner is that the punishment of compulsory retirement was imposed on him and he has not challenged the punishment of compulsory retirement.

2. The writ petitioner attained the age of superannuation and the applicable terminal and pensionary benefits are yet to be settled to the writ petitioner.

3. The counter-affidavit filed by the third respondent-Tahsildar states that the second respondent has issued orders sanctioning upto date the increments and pay arrears. The incremental arrears due to the writ petitioner had already been paid on 30.8.2017. Thus, the prayer for sanction of increments had been duly considered by the second respondent.

4. It is further stated that the grievance of the writ petitioner had already been partly complied with. The final pension due to the writ petitioner will be considered and paid on receipt of the Government Orders in this regard.

5. The learned Special Government Pleader, appearing on behalf of the respondents, also states that the proposal sent to the Government in this regard is pending.

6. Under these circumstances, the impleaded fourth respondent/Government is directed to consider the proposal submitted by the competent authorities, take a decision and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a fresh representation, setting out all the facts and circumstances and other relevant documents, if any, along with the order passed in this writ petition.

7. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Svn To 1.The District Collector, Tiruvallur District, Tiruvallur-602 001.

2.The Revenue Divisional Officer, Tiruvallur-602 001.

3.The Thasildhar, Poonamallee.

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

+1cc to Mr.P.Manikannan, Advocate SR.No.32049 +1cc to Government Pleader SR.No.33450 W.P.No.10976 of 2018 EV(CO) GMY(29/05/2019)