K.Ravishankar v. Kanchipuram Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2020 CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.8769 of 2020 K.Ravishankar, S/o.C.Krishnan, No.3, Chetty Street, Walajabad, Kanchipuram District.
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Petitioner versus Kanchipuram Electricity Distribution Circle, TANGEDCO, Rep. by the Superintending Engineer, Kanchipuram Electricity Distribution Circle, Kanchipuram - 631 502.
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Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 10.09.2019 praying for the payment of his subsistence allowance and all the other benefits accrued to him, within a stipulated time.
For Petitioner : Mr.P.Anbarasan For Respondent : Mr.P.R.Dilip Kumar
O R D E R
Mr.Dhilp Kumar, learned counsel takes notice for the respondent. By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this Writ Petition for a Mandamus, directing the respondent to consider his representation dated 10.09.2019 seeking payment of subsistence allowance and other benefits due to him, within a stipulated time to be fixed by this Court.
3.The learned counsel for the petitioner submitted that the petitioner worked in the Walajabad Division as Inspector of Assessment from 12.05.2003 to 16.02.2009 and thereafter, as Revenue Supervisor from 16.02.2009 to 29.03.2012. Due to certain discrepancies in the accounts, despite it was reconciled, he was placed under suspension on 29.03.2012, following which, disciplinary proceeding was initiated against him. In the https://hcservices.ecourts.gov.in/hcservices/
meanwhile, he attained superannuation on 30.04.2019, however, due to the pendency of the criminal proceedings and disciplinary action, he was not permitted to retire from service. Though he is entitled for subsistence allowance, he was not paid any amount, till date. Hence, the petitioner submitted several representations dated 03.06.2019, 10.09.2019, 01.11.2019, 23.01.2020 and 12.02.2020, seeking the said benefit. Finding no response on the said representations, he has approached this Court with the present writ petition for the aforesaid relief. 4.Heard the learned counsel for the respondent, who fairly submitted that the representation of the petitioner would be considered and appropriate orders be passed by the respondent, on merits.
5.In view of the limited prayer sought for herein and also considering the fact that the petitioner repeatedly made representations, none of which has been considered till date, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 10.09.2019 with regard to payment of subsistence allowance and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, within a period of two(2) weeks from the date of uploading the copy of this order in the web site.
6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar sri To The Superintending Engineer, Kanchipuram Electricity Distribution Circle, TANGEDCO, Kanchipuram Electricity Distribution Circle, Kanchipuram - 631 502.
W.P.No.8769 of 2020 A.SK(04/08/2020) https://hcservices.ecourts.gov.in/hcservices/