A.J.Rameshbabu v. The Principal Accountant General Of Tamilnadu And E
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 13370 of 2025 And W.M.P.No. 14955 of 2025 A.J.Rameshbabu ... Petitioner ..Vs..
1.
The Principal Accountant General of Tamil Nadu (A&E) Office of the Principle Accountant General (A&E) 361, Anna Salai, Chennai - 600 018.
2.
Block Educational Officer Arani, Arani Taluk Tiruvannamalai District.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned proceedings in Na.Ka.No.1597/A1/2024 dated 25.02.2025 on the file of the second respondent quash the same consequently directing the first respondent to furnish all attendant benefits by fixing my last drawn pay of Rs.70,600/- with 12% interest within a stipulated period of time.
For Petitioner :: Mr. R.Ezhilarasan For 1st Respondent :: Mr. P.Mano Rajan Standing Counsel For 2nd Respondent :: Mrs. S.Mythreye Chandru Special Government Pleader
ORDER
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to proceedings dated 25.02.2025 in Na.Ka.No.1597/A1/2024 passed by the second respondent and to quash the same.
2. The petitioner seeks that necessary attendant benefits must also be paid by taking the last drawn pay as Rs.70,600/- per month. The petitioner also seeks interest.
3. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had been initially appointed as Assistant in the Education Department on 27.08.1990 and after promotion retired from
service on 31.01.2025 on attaining the age of superannuation. The petitioner retired after getting selection grade in the post of Assistant. It had been stated that the second and third respondents had submitted a pension proposal for calculating the pensionary benefits by the first respondent. But however, it is stated that there were discrepancies and that, the last drawn pay of Rs.70,6000/- should have been taken into consideration.
4. The order impugned, was initially considered to be an internal communication between the respondents and on that ground, this Court had passed an order on 16.04.2025 dismissing the Writ Petition. But however, it was subsequently, brought to the notice of this Court that the order was actually communicated to the petitioner and therefore by an order dated 29.04.2025, the order dated 16.04.2025 was recalled.
5. Heard the learned Special Government Pleader appearing for the second respondent.
6. It is contended that the said impugned order though an internal communication between the respondents, is bereft of any reason and that the petitioner was not given proper opportunity before passing the said order.
7. It would only be appropriate that the service records are examined and the last pay drawn of the petitioner may be determined and whether the claim of the petitioner that it was Rs.70,6000/- is correct. It may also be determined whether the respondents are correct in determining the last drawn pay while calculating the pensionary benefits of the petitioner herein.
8. The second respondent may examine the entire issue afresh and pass final orders. The petitioner may give a fresh representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order and thereafter, the second respondent may pass appropriate orders and forward the same to the first respondent within a further period of six weeks from the date of such representation submitted by the petitioner herein.
9. The Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition stands closed. No order as to cots. 30.04.2025 vsg Index: Yes/No Internet: Yes/No To 1.
The Principal Accountant General of Tamil Nadu (A&E) Office of the Principle Accountant General (A&E) 361, Anna Salai, Chennai - 600 018.
2.
Block Educational Officer Arani, Arani Taluk Tiruvannamalai District.
C.V.KARTHIKEYAN, J., vsg W.P.No. 13370 of 2025 And W.M.P.No. 14955 of 2025 30.04.2025