N.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.15690 of 2015 and M.P.No.1 of 2015 N.Ramasamy .. PETITIONER Vs

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Harur Revenue Division, Harur, Dharmapuri District.

3. The Thasildar, Harur Taluk, Dharmapuri District.

4. The Accountant General, Department of Pension and Entitlement Teynampet, Chennai 600 018.

.. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India for the issue of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the 3rd respondent dated 28.03.2015 in Proceedings Na.Ka.No.2462/2015(A2), to quash the same and consequently direct the respondents to pay the monetary emoluments and pension for the service rendered to the petitioner within the stipulated time fixed by this Court. For petitioner : Mr.C.Prabakaran For respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader

O R D E R

In view of the limited prayer made during the course of hearing, the Writ Petition itself is taken up for final disposal.

2.

The petitioner was serving as a Village Assistant from 26.11.1986 in Harur Taluk in Dharmapuri District. By the impugned order dated 28.03.2015, the 3rd respondent relieved him from duties. This Writ Petition filed seeking to quash the aforesaid order. 3.

This Court finds that as per the affidavit of the petitioner, he is now 63 years old. Hence, relieving order is nothing, but an order to retire belatedly.

4.

The learned Counsel for the petitioner would now submit that the petitioner has no objection in relieving him from service, but he is not settled with terminal benefits.

5.

In my considered opinion, the petitioner who served as a Village Assistant from 1986 could not be denied terminal benefits including pension. It appears that in this regard, the petitioner made a representation dated 09.04.2015 to the 2nd respondent seeking pension and other terminal benefits.

6.

In view of the limited prayer now made, the 2nd respondent is directed to pass orders on the said representation of the petitioner dated 09.04.2015 relating to pension and other terminal benefits, within a period of four weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To

1. The District Collector, Dharmapuri District,Dharmapuri.

2. The Revenue Divisional Officer, Harur Revenue Division, Harur, Dharmapuri District.

3. The Thasildar, Harur Taluk,Dharmapuri District.

4. The Accountant General, Department of Pension and Entitlement Teynampet, Chennai 600 018.

+ 1 cc to the Government Pleader Sr.26878 W.P.No.15690 of 2015 CNR(CO) Eu 11.06.15