M.Rangaboju v. Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.10646 OF 2022 AND W.M.P.NO.10290 OF 2022 M.Rangaboju ... Petitioner .Vs.
1. The Government of Tamil Nadu, Represented by The Agricultural Production Commissioner/ Principal Secretary to Government, Agriculture and Farmers Welfare Department, Secretariat, Chennai - 600 009.
2. The Chief Engineer, (Agricultural Engineering), Chennai - 600 035.
... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the Order of the 1st respondent in G.O. (3D) No.93, Agriculture and Farmers Welfare Department, dated 31.08.2021, to quash the same and to issue consequential directions to the respondents to permit the petitioner to retire on 31.07.2015 in the normal course and without any condition and with entitlement to all pensionary and retirement benefits.
For Petitioner :
Mr.M.Ravi For Respondents : Mr.E.Vedha Bhagath Singh Special Government Pleader
O R D E R
By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 1st respondent in G.O. (3D) No.93, Agriculture and Farmers Welfare Department, dated 31.08.2021, to quash the same and to issue consequential directions to the respondents to permit the petitioner to retire from service on 31.07.2015 in the normal course and without any condition and with entitlement to all pensionary and retirement benefits.
3. According to the petitioner, the 1st respondent has passed impugned Government Order in G.O. (3D) No.93, Agriculture and Farmers Welfare Department, dated 31.08.2021 by imposing the penalty of 'removal from service'. Challenging the said Government Order, he filed the instant writ petition before this Court.
4. The learned counsel appearing for the petitioner would submit that the petitioner has made review application dated 09.12.2021 before the 1st respondent/Government and the same is pending. Hence, he seeks an appropriate direction may be issued to the 1st respondent to dispose the said review application.
5. The learned Special Government Pleader appearing for the respondents has produced a letter dated 21.12.2021 issued by the Department and submitted that the said review application is still pending before the 1st respondent. He would further submit that the said review application would be considered by the concerned authority.
6. In view of the above submissions made by the parties, this Court is inclined to direct the 1st respondent to consider the petitioner's review application dated 09.12.2021 and pass appropriate orders on its own merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dm
To 1.
The Agricultural Production Commissioner/ Principal Secretary to Government, The Government of Tamil Nadu, Agriculture and Farmers Welfare Department, Secretariat, Chennai - 600 009.
2.
The Chief Engineer, (Agricultural Engineering), Chennai - 600 035.
+1cc to Mr.M.Ravi, Advocate, S.R.No.32397 +1cc to the Government Pleader, S.R.No.33052 W.P.NO.10646 OF 2022 PMK(CO) PBS/15/06/2022