R.Muthusamy v. The Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN R.Muthusamy ... Petitioner Vs

1. The Secretary to Government of Tamil Nadu Revenue Department, Fort St.George, Chennai 600 009.

2. The Director of Survey and Settlement, "Survey House" Chepauk, Chennai 600 005.

3. The Assistant Director of Survey and Land Records, Coimbatore - 641 018. ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 1st to 3rd respondents to release the petitioner's balance retiral benefits like pension/provisional pension, gratuity, balance special provident fund and 1/5

admissible interest within the stipulated time as decided by this Court. For Petitioners : Ms.Inthu Karunakaran For Respondents : Mr.S.Yashwanth Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the respondents 1 to 3 to release the petitioner's balance retiral benefits like pension/provisional pension, gratuity, balance special provident fund and admissible interest within the stipulated time.

2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner was initially appointed as Field Surveyor on 01.09.1987 and his services were regularised with effect from that date. He had been subsequently promoted finally to the selection grade post of Sub Inspector of Surveyor with effect from 26.04.2001. The petitioner was dismissed from service by an order dated 28.06.2004. However the petitioner had questioned that particular order and the writ petition filed by the petitioner was allowed and the writ appeal filed by the respondents 2/5

was dismissed.

3. It is fairly stated on behalf of the respondents that now the petitioner is eligible to be paid the balance amount retiral benefits payable to him. The only issue is the time limit within which the said amount to be paid. On the side of the respondents, three months time is sought. However on the side of the petitioner it is insisted that the balance amount must be paid within a period of two months. Let me strike a balance and direct that the balance amount must be paid to the petitioner by the respondents within a period of 75 days from the date of receipt of a copy of this order. The entire terminal benefits should be paid to the petitioner with applicable interest.

I have taken a conscious decision not to examine the facts in detail since the charges as alleged against the petitioner had been quashed by the Court and had been set aside by the order of the Court. It is as if the petitioner had not faced any charges during his service period. The time limit within a period of 75 days from the date of receipt of a copy of this order had been fixed by this Court after instructions obtained from Mr.S.

respondents who is physically present in Court.

4. With the above direction, the writ petition is disposed of. No costs.

27.03.2025 dpq Index: Yes/No Speaking order / Non speaking order To

1. The Secretary to Government of Tamil Nadu Revenue Department, Fort St.George, Chennai 600 009.

2. The Director of Survey and Settlement, "Survey House" Chepauk, Chennai 600 005.

3. The Assistant Director of Survey and Land Records, Coimbatore - 641 018.

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C.V.KARTHIKEYAN, J.

dpq 27.03.2025 5/5