Mr. D. John Ruban, v. The Block Development

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23738/2015 Mr.D.John Ruban ... Petitioner

Versus

The Block Development Officer [R.D] Thirukalukundram Panchayat Union Thirukalukundram, Kanchipuram District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus calling for the records pertaining to the impugned order dated 06.03.2013 passed in Na.Ka.No.901/2011/A1 by the respondent herein ; quash the same and consequently direct the respondent to forward to the office of the Principal Accountant General, Tamilnadu, the petitioner's application form dated 22.03.2013 for the determination of pension and other retirement benefits.

For Petitioner : Mr.P.S.Ratnamani For Respondent : Mr.Era Premnath, GA

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that he served as Deputy Block Development Officer, Thirukazhukundram, in the Tamilnadu Rural Administrative Service and had put in 31 years of service and he attained the age of superannuation on 30.06.2011 and was permitted to retire from service by the order of the District Collector, Kanchipuram, dated 30.06.2011. The petitioner would submit that soon after his retirement, differences arose between him and his wife Tmt.Fathima, who filed a suit in OS.No.64/2011 on the file of the Court of the Subordinate Judge, Chengalpattu, claiming maintenance at the rate of Rs.1,08,000/- as well as monthly maintenance. This fact was also brought to the knowledge of the respondent. The petitioner, on account of the non-settlement of the terminal benefit, has approached the office of the District Collector, in the form of a representation and remarks were called for from the respondent, who https://hcservices.ecourts.gov.in/hcservices/

would submit that on account of the pendency of the suit, there is some difficulty in settling the terminal benefits. 3.The office of the District Collector, vide letter dated 08.03.2013 in Na.Ka.No.12306/2011/Pa.A2 has directed the respondent to get relevant particulars and forward the same to the office of the Accountant General and to inform the same to the Collectorate. The grievance expressed by the petitioner is that though he retired as early as on 30.06.2011, his retirement and other terminal benefits are yet to be settled and hence, prays for appropriate orders. 4.Heard the learned counsel for the petitioner and Mr.Era Premnath, learned Government Advocate who accepts notice on behalf of the respondent.

5.This Court, taking into consideration the above facts and circumstances, directs the respondent to comply with the letter of the office of the Collectorate dated 08.03.2013 in Na.Ka.No.12306/2011/Pa.A2 and forward necessary proposal to the office of the Accountant General, Teynampet, Chennai-18, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6.The writ petition is disposed of accordingly No costs. The Registry is directed to mark a copy to the Accountant General, Teynampet, Chennai-600018.

AP s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To The Block Development Officer [R.D] Thirukalukundram Panchayat Union Thirukalukundram, Kanchipuram District.

Copy to:- The Accountant General, Teynampet, Chennai-600018. + 1 cc to Mr.P.S.Ratnamani, Advocate SR 40206 ev(co) prk19/8 W.P.No.23738/2015 https://hcservices.ecourts.gov.in/hcservices/