Madras High CourtWP/19972/2015disposed of

R.Rajarajan v. The Sub Collector

2015-07-07Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.07.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.19972 OF 2015 & M.P.No.1 of 2015 R.Rajarajan [ PETITIONER ] Vs 1 The Sub Collector Ariyalur Division Ariyalur Town Ariyalur District.

2 The Tahsildar Taluk Office Ariyalur Town Ariyalur District.

[ RESPONDENTS ] Writ petition is filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the respondents to release the petitioner terminal benefits together with 18% interest per annum for the delay caused in the case from the due date 31.4.2015.

For Petitioner : Mr.K.Radhakrishnan For Respondents : Mr.K.Rajendraprasad Government Advocate

O R D E R

With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The petitioner was working as Village Administrative Officer. In the initial period of his service, he faced a criminal case and the same ended in acquittal. During the said period, he was placed under suspension for sometime. Since no disciplinary proceedings or criminal proceedings was pending against the petitioner, he was permitted to retire from service with effect from 31.03.2015. The grievance of the petitioner is that though he retired from service on 31.03.2015, till date he has not received any terminal benefits. 3.Non payment of terminal benefits in the said circumstances is in violation of Article 21 of the Constitution of India. The Government employee shall be paid pension immediately after his/her retirement, particularly when there is no disciplinary proceedings or criminal proceedings are pending against the said employee. https://hcservices.ecourts.gov.in/hcservices/

4.In these circumstances, the petitioner made a representation dated 15.4.2015, by 'Registered Post' and the acknowledgment card is enclosed in the typed set of pepers.

5.In view of the above, the first respondent is directed to consider and pass appropriate orders on the representation submitted by the petitioner dated 15.04.2015, and take steps to secure his terminal benefits at the earliest, preferably within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar rpa To 1 The Sub Collector Ariyalur Division Ariyalur Town Ariyalur District.

2 The Tahsildar Taluk Office Ariyalur Town Ariyalur District.

1 cc to M/s.K. Radhakrishnan, Advocate, Sr. 33763 1 cc to Government Pleader, Sr. 34363 W.P.No.19972 of 2015 RSK (C) kk 23/7 https://hcservices.ecourts.gov.in/hcservices/