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Madras High CourtWP/15825/2017disposed of

E.Shere Ali Baig v. Government Of Tamil Nadu

2017-06-23Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.15825 of 2017 E.Shere Ali Baig ... Petitioner Vs.

1.

Government of Tamilnadu, Rep by its Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

2.

The Director of Collegiate Education, Office at DPI Campus, College Road, Chennai-600 006.

3.

The Principal, Government Arts College, Udhagamandalam - 643002, The Nilgiris District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to settle all the terminal benefits payable to the petitioner with interest at the rate of 8% per annum pursuant to the order passed in GO (3D) No.6, Higher Education Department dated 24.09.2012, modifying the punishment of removal into one of compulsory retirement and GO (2D) No.17, School Education Department dated 02.06.2014 regularising the period of service rendered by the petitioner by considering the representation dated 31.01.2017 of the petitioner within a time limit to be specified by this Hon'ble Court.

For Petitioner :

Mr.P.Ganesan For Respondents :

Mr.T.M.Pappiah Special Government Pleader

O R D E R

The petitioner has come to this Court seeking a direction to disburse his terminal benefits with interest at the rate of 8% per annum, pursuant to the order passed in G.O. Ms.(3D) No.6, dated 24.09.2012, modifying the punishment of removal into one https://hcservices.ecourts.gov.in/hcservices/

of compulsory retirement and in GO (2D) No.17, School Education Department dated 02.06.2014 regularising the period of service. In light of the aforementioned Government Orders, the petitioner has given a representation on 31.01.2017 to disburse his retirement benefits. Since, there was no response, he has come to this Court.

2. Learned Special Government Pleader appearing for the respondents sought time to consider the representation.

3. A perusal of G.O.Ms.(3D) No.6, dated 24.09.2012 also clearly shows that the punishment of removal from service has been modified into one of compulsory retirement. Therefore, since the petitioner has put in about 25 years of service, the respondents are hereby directed to consider the pending representation and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar maya/ss To 1.

The Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

2.

The Director of Collegiate Education, Office at DPI Campus, Collage Road, Chennai-600 006.

3.

The Principal, Government Arts College, Udhagamandalam - 643002, The Nilgiris District.

+1cc to Mr.P.Ganesan, Advocate, S.R.No.44412 +1cc to the Government Pleader, S.R.No.44525 W.P.No.15825 of 2017 CS/06/07/17 https://hcservices.ecourts.gov.in/hcservices/